Defined in section 390 of the Indian Penal Code ,1860 In all robbery, there is either theft or extortion

1. Submitted By:- Jayasankar Jayasoman
PROV/LLM/7-19/031
Roll No. 31

2.  Defined in section 390 of the Indian Penal
Code ,1860
 In all robbery, there is either theft or
extortion

3.  Theft is robbery when:
 In order to the committing of theft, or the committing in theft or
in carrying away or attempting to carry away property obtained
by theft, the offender, for that end voluntarily causes or attempts
to cause to any person
 Death
 Hurt
 Wrongful Restraint
 Fear of instant death or instant hurt or instant wrongful restraint

4. Extortion is robbery when:
 The offender at the time of committing extortion, is in the
presence of the person, the person put in fear and commits the
extortion by putting that person in fear of:
 Instant death
 Instant hurt or of instant wrongful restraint to that person or
some other person
 And by so putting in fear , induces the person so induced and
then deliver up the extorted

5. Illustrations
1) A holds Z down, and fraudulently takes Z’S money and
jewels from Z’S clothes ,without Z’S consent. Here A has
committed theft, and in order to the committing theft, has
voluntarily caused wrongful restraint to Z. A has
therefore committed robbery.

6. Illustrations cont….
2) A meets Z on the high road, shows a pistol and
demands Z’S purse. Z in consequence, surrenders his
purse. Here Z has put him in fear , induces the person
so putting him in fear of instant hurt, and being at the
time of committing extortion in his presence

7. 1) Punishment (Section 392)
 Rigorous imprisonment of term which may
extend to ten years and shall also be liable to
fine
 Committed on the highway between sunset and
sunrise the imprisonment may be extended to
fourteen years

8. 2) Punishment for attempt to commit robbery
(section 393)
 Rigorous imprisonment for a term which may extend
to seven years, and shall be also be liable to fine.
3) Punishment for voluntarily causing hurt in
committing robbery(section 394)
 Imprisonment for life or rigorous imprisonment for a
term which may extend to ten years and fine

9. 1) Venu .V. State of Karnataka air 2008 SC1199
Robbery is only an aggravated form of theft or extortion.
Violence must be in the course of death and not
subsequently. Also violence must be committed, even
attempt to commit is enough.
2) Padmanava Mohapatra 1983 Clj noc 238(ori)
 In order to make an offence of theft a robbery ,there must be
either theft and injury or threat of injury while committing
theft.

11. Defined in Section 391 of Indian Penal Code ,1860
 Five or more persons
 Conjointly commit or attempt to commit a robbery
 Conjointly committing or attempting to commit robbery
 Persons present and aiding such commission or attempt
 Amount to five or more
 Every person committing attempting or aiding
 Commit dacoity

12. 1) Punishment (Section 395)
 Imprisonment for life ,or with rigorous imprisonment for
a term which may extend to ten years, and shall be also
liable to fine.
2) Punishment for dacoity with murder(section 396)
 Shall be punished with death or imprisonment for life ,
rigorous imprisonment for a term which may extend to ten
years and shall be also liable to fine.

13. 3) Robbery or dacoity with attempt to cause death or
grievous hurt(section 397)
 Offender shall be punished with imprisonment shall not
be less than seven years
4) Attempt to commit robbery or dacoity when armed
with deadly weapon(section 398)
 Imprisonment which shall not be less than seven years

14. 5) Making preparation to committing dacoity (Section
399)
 Rigorous imprisonment for a term which may extend to ten
years and shall also be liable to fine
6) Punishment for belonging to gang of dacoits(section
400)
 Punishment with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years ,and
shall also be liable to fine

15. 7) Punishment for belonging to gang of dacoits
(section 400)
 Imprisonment for life or a rigorous imprisonment which may
extend to ten years and also liable to fine
8) Punishment for assembling for the purpose of
committing dacoity(section 402)
 Rigorous imprisonment for a term which may extend to seven
years and shall also be liable to fine

16. 1) SUNIL V STATE OF RAJASTHAN 2001 CrLJ
3063(Raj)
 It is not necessary that murder should be committed in
the presence of all. When in the commission of dacoity,
a murder is committed it matters not whether the
particular dacoit was inside the house where the dacoity
is committed or outside so long only as the murder was
committed in the commission of the dacoity.

17. 2) RAM LAKHAN V STATE OF UTTAR PRADESH,
(1983)2 SCC 65
 Conviction for an offence of dacoity less than five
persons is not sustainable. For recording conviction,
there must be five more persons. In absence of such
finding, an accused cannot be convicted for the offence
of dacoity

19.  Defined in Section 403 of the Indian Penal Code,1860
 Whoever dishonestly misappropriates or converts to
his own use movable property ,shall be punished
with imprisonment for a term which may extend to
two years, or with fine, or both

20.  A takes his property belonging to Z out of Z’S possession in good
faith ,beleiving,at the time when he take to himself. A is not guilty of
theft but after discovering his mistake, dishonestly misappropriates
this property be guilty of this section.
 A and B,being joint owners of a horse ,A takes the horse out of B’S
possession intending to use it, Here A has the right to use the horse.
He does not honestly misappropriate it. But if A sells the horse and
appropriates and proceeds to his own use , he is guilty of the
section

21.  Dishonest misappropriation of property possessed by
deceased person at the time of his death:
Imprisonment of a term which may extend to three years
If his clerk or servant, imprisonment up to 7 years
Shall also be liable to fine

22.  ABDOOL ,(1868)10 WR (Cr)23A
There must be actual conversion of the thing misappropriated to the
accused’s own use.where therefore the accused found a thing and
merely retained it in his possession he was acquitted of the offence
 SHAMSOONDAR,(1870) 2 NWP 475
Where money is paid to a person by mistake, and such person, either
at the time of receipt or at any time subsequently , discovers the
mistake ,and determines appropriate money, the person is guilty of
criminal misappropriation.

24. Section 405 of Indian Penal Code 1860
 Whoever, entrusted with a property or dominion over a property
 Dishonestly misappropriates
 Converts his own use the property
 In violation of any direction of law
 Prescribing the mode in which trust is to be discharged
 Or any contract, express or implied, which he has made touching the
discharge of the trust
 Willfully suffers any person to do so
 Commits criminal breach of trust

25.  A,being an executor to the will of a deceased person , dishonestly
disobeys the law which directs him to divide the effects according to
the will, and appropriates them to his own use. A has committed
criminal breach of trust.
 A is a warehouse keeper. Z going on a journey, entrusts his furniture
to A under a contract that it shall be returned on payment of a
stipulated sum of warehouse room. A dishonestly sells the goods. A
has committed criminal breach of trust

26.  Punishment for criminal breach of trust (Section
406)
Imprisonment up to 3 years or fine or both
 Punishment for criminal breach by a carrier
 Imprisonment which may extend to seven years and shall
also be liable to fine

27.  Criminal breach of trust by clerk or servant (S. 408)
Imprisonment for a term which may extend to a term of seven
years and shall also be liable for fine
 Criminal breach of trust by public servant, or by banker,
merchant or agent (s. 409)
Imprisonment for life, or with imprisonment with a term
which may extend to ten years, and shall be also be liable to
fine

28.  KESHAB CHANDRA BORAL V NITYANAND BISHWAS (1901)6 CWN
203
 A user of property comes within this definition when such user
causes substantial or appreciable loss to the owner of the
property gain or accused
 GOBARDHAN CHANDRA MONDAL V KANAI LAL MONDAL
Violation of a contract in order to amount to criminal breach
of trust has to be in respect legal or valid contract, and not
one of the criminal purpose