- Robbers are portrayed in film and television today as professional thieves who hold up bank managers and cashiers with assault weapons while they steal cars from unsuspecting victims.
- Despite the fact that these examples show robberies, most state laws define Robbery differently to cover a wide range of actions that many people would consider to be considerably less serious crimes than Robbery.
- Punishment for Robbery is provided under Section 392 IPC relevancy.
What is Robbery as per Section 390 & 392 IPC?
The Indian Penal Code (IPC) does not define Robbery in isolation; rather, Section 390 IPC defines it in the context of theft and extortion. And the punishment for it is defined under Section 392 IPC.
Section 390 defines theft as a robbery when the offender willfully causes or attempts to cause death, bodily harm, or wrongful restraint to any person or creates fear of immediate death, bodily harm, or wrongful restraint in another person while committing theft while committing the theft, or while carrying away or attempting to carry away property obtained through the theft.
The act of stealing is then known as Robbery. It simply means that when a person steals or attempts to steal, he or she intentionally causes pain or death or unfairly restrains the target of the theft or a related person. Then, this behaviour is classified as Robbery.
The attempt is a required component in the conduct of an offence that is punished under Section 392 IPC. Practically speaking, no deed can be carried out without an attempt. Second, the person committing the Robbery must have the intention to do so.
Thirdly, there needs to be evidence of actions that show these intentions were carried out. Finally, the outcome of such actions must be Robbery, in which a victim is plundered or loses assets out of fear of being injured or killed.
It should be highlighted that Section 392 IPC only applies to people who have committed the crime of Robbery on a live person. It is good to know that an animal cannot be robbed or have their possessions taken from them.
Dead bodies are an exception to this Section 392 IPC requirements. For example, if someone removes ornaments from a person whose death was caused by them, they will not be punished under Section 392 IPC, but rather, they will be subject to punishment for murder under Section 302.
Due to the fact that a dead body is not regarded as a person and that robberies only occur when an alive person is in possession of stolen property, this is the explanation. Since the dead corpse is not a living being, nothing or no ornament can be claimed to be in its possession. As a result, the offender will not face Section 392 IPC punishment.
What are the essential features of Robbery that constitute the Punishment under Section 392 IPC?
The following requirements must be satisfied for stealing to become Robbery & for punishing the offender under Section 392 IPC:
- When a person intentionally causes or seeks to intentionally inflict death, unlawful restraint, or bodily harm while being aware of the nature of their actions or knowing what they are doing,
- The offender makes the victim think they will die, get wounded, or be wrongfully restrained right away.
- If the offender engages in any of the aforementioned behaviours while stealing, while attempting to steal while carrying stolen goods, or while attempting to transport stolen property.
- The theft is then referred to as “robbery.”
What is the punishment for Robbery under Section 392 IPC?
Section 392 IPC crime would be committed when murder and Robbery are carried out concurrently by the same person or persons. This is very clearly stated in the section. Additionally, a conviction under Section 392 IPC will occur if theft is committed and injuries are sustained. Section 392 IPC states the penalty for Robbery.
A robbery criminal is required to pay a fee in addition to receiving a harsh sentence of up to ten years in jail, according to the law. Furthermore, the prison sentence may be increased to 14 years if the Robbery occurs on a roadway between sunset and sunrise or at night.
There are further sections that discuss different scenarios of robbery-related punishment. The IPC’s Sections 393 and 394 deal with these penalties.
According to Section 393 of the IPC, merely attempting to commit Robbery carries a harsh sentence of up to 7 years in jail and a fine.
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What are the Essential Elements of Section 392 IPC?
Important characteristics of Section 392 IPC
As was previously mentioned, Section 392 deals with robbery-related penalties. Before the offender responsible for the Robbery can receive such a sentence, a number of requirements must be met. These are its main components:
- The alleged crime of theft (IPC section 379) was done.
- Intentionally brought about, sought to bring about, or feared instantaneous wrongful restraint, bodily damage, or death.
- The accused did one of the following: took or attempted to take property obtained via theft, either with the intent to steal it or while doing so.
- The criminal responsible for the crime may receive punishment under Section 392 of the IPC if all the requirements are satisfied.
- Robbery is a cognizable offence & non-bailable offence. To know more about the offence & its punishment, Avail quick and easy online lawyer consultation from ezyLegal.
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The clause makes it quite clear that if murder and Robbery are carried out during the same transaction by the same person or individuals, the offence would be covered under Section 392 IPC.
Additionally, if theft is committed and harm results, Section 392 IPC shall govern the conviction.
Moving on to the punishment for committing the act of Robbery as specified by the Code.
The punishment for committing the crime of Robbery is outlined in Section 392 IPC. It is possible to receive a sentence of up to 10 years in solitary confinement in addition to a fine. Furthermore, it is made clear that if a robbery occurs on a highway between dusk and dawn, the sentence may be increased to 14 years.
The reason for this is that highways are typically seen as the most dangerous locations. Being robbed at night is very likely to happen.
The length of the sentence has been increased in these cases in order to protect public safety and reduce Robbery.