IPC Section 392 - Punishment for Robbery

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, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

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Non-bailable, Cognizable

Official Text

“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, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused committed robbery as defined in Section 390.
  • All elements of robbery were present.
  • The robbery was intentional and not accidental.
  • If on highway, it was between sunset and sunrise.

Potential Defenses:

  • No robbery was committed.
  • The accused had no intention to commit robbery.
  • The accused was acting under legal authority.
  • The robbery was not on a highway at night.

Practical Examples

What Constitutes the Offense:

A person convicted of robbery under Section 390, especially if committed on a highway at night.

What Doesn't Constitute:

A person convicted of simple theft, or robbery not on a highway.

Important Case Laws

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

The Supreme Court upheld the enhanced punishment for highway robbery between sunset and sunrise.

Punishment

Rigorous imprisonment up to 10 years and Fine; if on highway between sunset and sunrise, then Life Imprisonment or up to 14 years and Fine

Related Information

Connected Sections:

This section provides punishment for robbery. It follows Section 390 (Definition of robbery).

Procedural Aspects:

Prosecution requires proof of robbery under Section 390. The case is triable by a Court of Session.

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