IPC Section 390 & 392: What is Robbery & its Punishment?

by  Adv. Rupa K.N  

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Section 392 IPC

Introduction

  • 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.

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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.

An attempt is a required component in the conduct of an offence 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.”

Talk To Our Experts And Learn How Robbery Could Lead To Imprisonment And Fines

What is the punishment for Robbery under Section 392 IPC?

A Section 392 IPC crime is 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.

According to the law, a robbery criminal is required to pay a fee in addition to receiving a harsh sentence of up to ten years in jail. 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.

People Also Read: Section 307 IPC Punishment

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.
  • If all the requirements are satisfied, the criminal responsible for the crime may receive punishment under Section 392 of the IPC.
  • 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.

    People Also Read: Section 307 IPC Bailable or Not?

Consult Our Experts To Understand The Legal Provisions, Implications, And Penalties Associated With Robbery In India

IPC Chapter Chapter XVII Chapter XVII
Section S. 390 S. 392
Offence Robbery Punishment for robbery
Description In all robbery there is either theft or extortion. When theft is robbery – Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery – ” Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person, so put in fear then and there to deliver up the thing extorted. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Punishment N/A Rigorous Imprisonment for 10 Years + Fine, Rigorous Imprisonment for 14 Years + Fine
Cognizance Cognizable Cognizable
Bail Non-Bailable Non-Bailable
Triable By Magistrate First Class Magistrate First Class
Composition Offence is NOT listed under Compoundable Offences Offence is NOT listed under Compoundable Offences

Conclusion

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. 

Section 392 IPC outlines the punishment for committing Robbery. A sentence of up to 10 years in solitary confinement in addition to a fine is possible. Furthermore, if a robbery occurs on a highway between dusk and dawn, the sentence may be increased to 14 years. 

This is because highways are typically seen as the most dangerous locations. Robbery at night is very likely. 

The length of the sentence has been increased in these cases in order to protect public safety and reduce Robbery.

To know more about the punishment of Robbery as per Section 392 IPC, consult a Lawyer.

Adv. Rupa K.N

Adv. Rupa K.N

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Advocate Rupa K.N, with over 24 years of independent practice, specialises in providing legal expertise, advice and guidance to a broad range of customers. Having been practising law independently for several years after doing her B.A. LLB from Bangalore University and PGDM from the National Institute of Personnel Management.

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