Indian Penal Code,1860
Act No : 45
Section :
Robbery.When theft is robbery.When extortion is robbery.
390. Robbery.--In all robbery there is either theft or extortion. When theft is robbery.--Theft is "robbery" if, in order to thecommitting of the theft, or in committing the theft, or in carryingaway or attempting to carry away property obtained by the theft, theoffender, for that end, voluntarily causes or attempts to cause to anyperson death or hurt or wrongful restraint, or fear of instant deathor of instant hurt, or of instant wrongful restraint. When extortion is robbery.--Extortion is "robbery" if theoffender, at the time of committing the extortion, is in the presenceof the person put in fear, and commits the extortion by putting thatperson in fear of instant death, of instant hurt, or of instantwrongful restraint to that person or to some other person, and, by soputting in fear, induces the person, so put in fear then and there todeliver up the thing extorted. Explanation.-The offender is said to be present if he issufficiently near to put the other person in fear of instant death, ofinstant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down, and fraudulently takes Z's money and jewelsfrom Z's clothes, without Z's consent. Here A has committed theft,and, in order to the committing of that theft, has voluntarily causedwrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high road, shows a pistol, and demands Z'spurse. Z, in consequence, surrenders his purse. Here A has extortedthe purse from Z by putting him in fear of instant hurt, and being atthe time of committing the extortion in his presence. A has thereforecommitted robbery. (c) A meets Z and Z's child on the high road. A takes the child,and threatens to filing it down a precipice, unless Z delivers hispurse. Z, in consequence, delivers his purse. Here A has extorted thepurse from Z, by causing Z to be in fear of instant hurt to the childwho is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying-"Your child is in thehands of my gang, and will be put to death unless you send us tenthousand rupees". This is extortion, and punishable as such: but it isnot robbery, unless Z is put in fear of the instant death of hischild.
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