Introduction:
Theft, Extortion, Robbery and Dacoity are offences in criminal law affecting the property of a person, defined in Sections 378 to 402 of the Indian Penal Code. On a prima facie basis they seem to be very much similar to each other, but on a closer look it may be found that there are slight differences which distinguish one from another. Hence, the present article focuses upon the differences between these four offences which seems to be similar to each other.
Each of these offences is distinguished from another on the basis of small pivotal differences.
Theft:-
Theft is defined in S. 378 of Indian Penal Code1. The essential ingredients of the offence of theft is well-explained by the SC in K. N. Mehra v State of Rajasthan, where the SC held that proof of intention to cause permanent deprivation of property to the owner, or to obtain a personal gain is not necessary for the purpose of establishing dishonest intention.
Extortion:-
Extortion is defined in S. 383 as appropriation of property by coercion. The essential ingredients of the offence of extortion are: (1) intentionally putting a person in fear of injury; (2) the purpose of which is to dishonestly induce the person put in fear and (3) to deliver property or valuable security.
Robbery:-
Section 390 says, “In all robbery, there is either theft or extortion” and goes on to define when theft is robbery and when extortion is robbery. Thus, a theft becomes a robbery when the following two additional conditions are satisfied:-
when someone voluntarily causes or attempts to cause,
(i) death , hurt , or wrongful restraint , or
(ii) fear of instant death , instant hurt , or instant wrongful restraint
the above act is done
a. in order to the committing of theft ,or
b. committing theft , or
c. carrying away or attempting to carry away property obtained by theft.
Dacoity:-
The essential ingredients of Dacoity are:
(i) five or more persons must act in association;
(ii) such act must be robbery or attempt to commit robbery; and
(iii) the five persons must consists 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.
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27 сен 2024
