IPC Section 390 - Robbery

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.

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Depends on the specific offense charged

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused committed theft or extortion.
  • During the commission, they caused or attempted to cause death, hurt, or wrongful restraint, or
  • They created fear of instant death, hurt, or wrongful restraint.
  • The violence or fear was to facilitate the theft or extortion.
  • All elements of theft or extortion were present.

Potential Defenses:

  • No theft or extortion was committed.
  • No violence or fear was created.
  • The violence was not related to the theft or extortion.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person stealing while threatening violence, or extorting money by creating fear of instant harm.

What Doesn't Constitute:

A person committing simple theft without violence, or extorting without immediate threat.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court clarified that robbery involves theft or extortion with violence or fear of instant harm.

Punishment

This is a definitional section. Punishment is provided in Section 392.

Related Information

Connected Sections:

This section defines robbery. It is followed by Section 392 (Punishment for robbery) and related to theft and extortion.

Procedural Aspects:

Prosecution requires proof of theft or extortion with violence or fear. The case is triable by a Court of Session.

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