Section 390, 391 and 392 of Indian Penal Code 1860 Robbery, Dacoity and punishment for robbery under Indian Penal Code are defined under Section 390, 391 and 392 of Indian Penal Code 1860. Illustrations a A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Disclaimer: This website provide free service to share information, You may share your code, articles, tips or other related material on the site. The offence under Section 400 of The Indian Penal Code, 1860 is cognizable, non-bailable, non-compoundable and triable by Court of Session. Five or more persons must either conjointly commit or attempt to commit robbery. It also states that it is the modern statutory offense of breaking and entering any building -not just a dwelling, and not only at night -with the intent to commit a felony. Third occasion arises when the offender or offenders sell the stolen property after dacoity in another place.
Even if their attempt is failed, it is also considered as dacoity. Readers need to recheck the validity and accuracy of the content from their own independent sources before using any information on the website in what so ever manner. Ingredients To invoke Section 396 of the Indian Penal Code, following conditions must be satisfied. Abettors who are present and aiding when the crime is committed are counted in the number. How do we fulfill that9 We try our best to choose the best quality products only for sale; we test every single item not selective examination before dispatching; We offer you more than 14 days refund and more than 1 year after-sell service; we take good care of every advice or complain from you.
Where robbery is committed by five or more persons, the offence committed is dacoity. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Use the site on your own risk. It says that, whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. A has therefore committed robbery. One of them murdered the inmate.
We do not guarantee or warranty of accuracy and reliability of data and information published on the site. We are able to supply high quality product as you need. Nature of offence: Cognizable, non-bailable, non-compoundable, and triable by Court of Session. The Supreme Court held that the High Court erred in acquitting the remaining members. The gravity of the offence consists in the terror it causes by the presence of a number of offenders. The accused must be shown to have committed robbery or aided in the commission of it and that they must be among the body of persons who extorted money or aided them in extorting money.
Robbery or dacoity, with attempt to cause death or grievous hurt: According to Section 397, if, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. The offence under Section 398 of The Indian Penal Code, 1860 is cognizable, non-bailable, non-compoundable and triable by Court of Session. A has therefore committed robbery. The Black's Law Dictionary defines it as the common-law offense of breaking and entering another's dwelling at night with the intent to commit a felony. Burden of proof: As a matter of fact, it is very difficult to identify the accused in the offence of dacoity.
Section 391 of the Indian Penal Code, 1860 defines dacoity. Second occasion, when the wrong-doers are arrested in some other cases and they disclose their previous offences during the interrogation and investigation by the police in other cases. Nature of offence: Cognizable, non- bailable, non-compoundable, and triable by Court of Session. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. Minimum number of accused five persons is necessary to constitute this offence. What is the punishment for robbery? The website is not responsible for omissions or information that might have changed but not updated. The prosecution must establish i that five or more persons jointly committed the offence; or ii that one or more of the attempted or committed to commit robbery; and iii that others were present and aiding such commission or attempt.
Nature of offence: Cognizable, non-bailable, non-compoundable, and triable by Court of Session. The five persons must consist of those who themselves commit or attempt to commit robbery or those who are present and aid the principal actors in the commission or attempt of such robbery. The complainant gave his money, wrist-watch, cycle, etc. In other words, attempt to commit dacoity is also dacoity. Attempt to commit robbery or dacoity when armed with deadly weapon: According to Section 398, if, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. The commission of robbery in association by five or more persons is an essential ingredient of the offence under Section 391. It held that under Section 396 read with Sees.
We Has Gained High Reputation With Our Great Ideas Of Creation And High Quality Products. The trial Court punished all the members of the dacoity. If the dacoity is committed by unknown persons, wearing veils in the dark nights it is highly difficult to establish their identity. Z, in consequence delivers his purse. See also 1 2 3 4 5 Copyright © All Right Reserved Content on this website is purely academic in nature.
For application of Section 391 it is necessary that all the persons should share the common intention of committing robbery. Dacoity with murder: According to Section 396, if any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Z in consequence, surrenders his purse. Ingredients 1 The act of accused person amounted preparation; 2 The presence of five or more persons making preparation 3 The preparation was to commit robbery The offence under Section 399 of The Indian Penal Code, 1860 is cognizable, non-bailable, non-compoundable and triable by Court of Session. Assembling for purpose of committing dacoity: According to Section 402, whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity shall be punished with rigorous, imprisonment for a term which may extend to seven years and shall also be liable to fine. When their individual action can be properly referred to their concerted action only then the offence under Section 391 is committed.