Q. According to Section 390 of IPC, there is theft in every robbery. All of them are compoundable to each other and are differentiated by a thin line of difference. And “theft” wasn’t either. Difference Between Theft and Robbery. where the property is removed by the accused without the consent of the victim by using force or fear it amounts to robbery. That may be money related in nature, including passwords, programming code. The main distinction between burglary and dacoity is various members. So, the major difference between both offences is of the number of persons involved. 391 of IPC and Robbery deals under section 390 of IPC. Non-Compoundable offenses are those offenses which are serious in nature. Based on this, the essential ingredients of Hurt are –. (b) Bring out clearly the difference between motive and intention. Section 390 to 402 of IPC deals with robbery and dacoity. According to criminal jurisprudence, crime is an illegal act or illegal omission which is against the society, state or public. Difference / Distinction between Theft and Mischief Distinction / Difference between Public Nuisance and Private Nuisance Right of Private Defence (Section 96 to 106 IPC) : Indian Penal Code 1860 Punishments under the Indian Penal Code,1860 Offenses Relating to Religion (Section 295 to Section 298 of the Indian Penal Code 1860) Theft essentially means to take a movable property out of a person’s lawful possession without obtaining his consent. The primary difference between theft (or larceny) and robbery is that one involves force. Robbery is a subset of a kind of theft. Section 301 of IPC provides for the transfer of malice i.e. It is a greater amount of an exasperated type of theft and by and large, the looter is outfitted with lethal weapons. Robbery is an aggravated form of theft or extortion. “Stealing” and is not a crime itself. So, rather than write a well-source encyclopedia article, I will answer this question in generalities. The word "Dacoity" is the anglicized version of Indian word dakaiti historically spelled clakaiter robbery as an aggravated form of theft. We generally describe theft to be the act of stealing property belonging to somebody else. Every act of robbery includes either “a theft or an extortion”. Theft, Extortion, Robbery and dacoity, Criminal misappropriation of property, Criminal breach of trust, Receiving stolen property, Cheating, Fraudulent deed and disposition of property, Mischief, Criminal trespass. The main difference between theft and robbery is presence of force in theft by extortion and element of force is absent in thefts. 49 Discuss the criminal liab ility of `A'. Robbery is an aggravated form of either theft … Difference Between Theft and Robbery Theft vs Robbery In everyday language, theft and robbery are used interchangeably. These sections can be divided into broadly these categories: (1) DIFFERENCE BETWEEN ROBBERY AND DECOITY. So, rather than write a well-source encyclopedia article, I will answer this question in generalities. The definition of robbery has been provided in Section 390 of IPC and it s provided that theft becomes robbery when the offender in committing the theft causes or attempts to cause death, hurt\ or restraint or fear of the death, hurt or restraint. While a single person can commit robbery, five or more people must collectively commit dacoity. Robbery is the crime of taking anything by force, the threat of force, or by putting the victim in fear or attempting to do so. There is no difference between robbery and dacoity except in the number of offenders. Difference between Theft & Extortion. By this section, any person who commits robbery shall be punished with rigorous imprisonment which may be extended up to Before analyzing or understanding Section 390, first theft and extortion need to be understood separately. Such act should be robbery or attempt to commit robbery. According to the Oxford Dictionary, Dacoity means – an act of violent robbery committed by an armed gang. Frequently Asked Questions (FAQs) 1. Sections 390, 392, 393, 394 & 401 of the IPC deals with robbery and IPC sections 391, 395, 396,399, 400 & 402 deals with dacoity while sections 397 & 398 are common to both. The most basic difference between the offences of robbery and dacoity is the number of people they involve. For example, A enters the house of B and takes B's watch without B seeing and puts it in his pocket with an intention to take it for himself. Theft is robbery when in order to commit theft or while committing theft, or while carrying away or attempting to carry away property obtained by theft, the offender voluntarily causes or attempts to cause to any person death, subject him/her to wrongful restraint or cause hurt or induce fear of instant death, instant wrongful restraint or causing instant hurt. It is essential that act which is alleged to be complained of should be robbery. PROPERTY- Theft can be committed only of a movable property. theft , extortion , robbery and dacoity. So, what’s really the difference between these different types of theft? the lady but it fell on the infant who is killed. Dacoity and robbery are two different offences Dacoity is criminal activity. Also calculations, exclusive procedure arranged data, or advances. Q. DIFFERENCE BETWEEN THEFT & EXTORTION. Under the Indian Penal Code (IPC), 1860, Dacoity is a wider concept as compare to Robbery.In order to understand the concept of Robbery and Dacoity completely, it is necessary to understand the meaning of two important keywords:. It says “ whoever intends to take dishonestly any movable property out of the possession … Theft, Robbery and Extortion- Definition and difference The definition and punishment for Theft, Robbery and Extortion are given in The Indian Penal Code, 1860, whereas the procedure is given in “The Code of Criminal Procedure”, 1973 Section 378. 1. Robbery is a special and aggravated form of either theft or extortion. if ‘A’ makes a thrust at B and C throwing himself between the two dies. Thus, robbery is the aggravated form of theft or extortion. So if there is no element of dishonesty in an act, there can be no offence of theft or extortion and consequently there cannot be offence of robbery. INTRODUCTION. One should be well aware of the differences between them for demanding the right punishment for the crime as well as for insurance reasons. In these cases, the offender is Dacoity is perhaps the only offence which the legislature has made punishable at four stages that is when 5 or more persons assemble for the purpose of committing a dacoity, each of them is punishable under section 402 … The opening words of section 390 IPC, there cannot be any robbery if there is no theft or extortion. IPC defines Hurt as follows –. Dacoity: When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjoint committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or … Dacoity is a specific form of robbery and has been defined under Section 391 of IPC. As a verb housebreaking is (animal training ). What the three have in common, of course, is that they all may involve the unauthorized taking of someone's personal property by another person (aka stealing). As per Section 390 of the IPC, Robbery is defined as “In all robbery there is either theft or extortion”. Robbery differs from theft primarily in that it involves force or intimidation to take property from another person. People do not pause to think about the differences between them. Theft and robbery are crimes that are interrelated which makes people use these terms almost interchangeably. (c) Compare and contrast between sections 304B IPC and 498A IPC. IPC NOTES FOR LLB PDF: Section 391 of Indian Penal Code defines Dacoity. 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 FACTOR OF FEAR- No fear factor arises. Explain the difference. Theft under IPC is generally the most basic and common offence against properties. However, besides the ordinary meaning conveyed by the word theft, the scope of theft is quite wide. `A' with the in tention to kill B, gives h im poison ed. What differentiates dacoity from robbery? In other words, there must be a possession of that property. April 9, 2011 Posted by Olivia. People do not pause to think about the differences between them. (a) Explain and illustrate difference between theft and criminal misappropriation. Theft – According to Section 378 read with section 11,22,23 and 24 of IPC, whoever, intending to take dishonestly any movable property out … When theft becomes robbery: when element of fear force is combined with theft, it is termed as robbery i.e. crime affects society at large. Theft has been defined under Section 378 of the Indian Penal Code, 1860. Robbery is a special and aggravated form of either theft or extortion. Sections 390-402 of the Indian Penal Code defines various laws related to Robbery & Dacoity. Robbery, unlike theft, entails taking property directly from a person. Robbery is being explained in Section For instance, suppose two men armed with guns enter a bank, demand money from a teller, and flee with the cash. A commits theft. Theft is an offence in which movable property of a person is taken away and it is taken away without his consent. Theft or extortion done in more intense and aggravated form results in robbery which gives it a special status in section 390 of Indian Penal Code 1860. It is different from theft and extortion as there is the element of instant harm is involved in robbery, which is not an ingredient of simple theft or extortion. The punishment for robbery is given under Section 392 of the Indian Penal Code, 1860. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. `A' and `B' are fighting and B's wife with a lady on her sh oulder intervene Section A stru ck. Data theft is the illicit exchange or capacity of any data that is private, individual. And “theft” wasn’t either. Home / Language / Words / Difference Between Theft and Robbery. DIFFERENCE BETWEEN THEFT, ROBBERY, DACOIT THEF IPC Section 378 defines “Theft” ROBBERY IPC Section 390 defines “Robbery”. Shreyansh Lunia. DELIVERY- No delivery by the victim is made in a Theft. In theft, there is no question of overpowering of will, whereas there is a presence of such when theft is robbery. 1. Difference between Theft & Extortion. IPC 390-402: Robbery & Dacoity. But section 39 of the Indian electricity act 1910 brings the act of dishonest abstraction consumption or use of electricity within the meaning of theft as understood in the Indian penal code. Theft In general, theft is committed when a person's property is taken without his consent by someone. Under a non-compoundable offense, a private party as well as the society, both are affected by such offenses. The crimes of theft (sometimes known as “larceny”) and robbery both involve taking someone else’s money or property without permission. Section 97(2): this section provides the right of private defence against the crime of theft, robbery, and mischief or criminal trespasses for self as well as for another person. Robbery is a crime, where a person uses or threatens to use force to get hold of money or other valuables from his victim. First, understand that every jurisdiction can be slightly different. According to Section 390 of the Indian Penal Code, 1860 “in all robbery there is either theft or extortion.”. No, there are some offences, where men rea is not required and actus rea is enough to constitute an offence, the offender is under strict liability. The definition of robbery has been provided in Section 390 of IPC and it s provided that theft becomes robbery when the offender in committing the theft causes or attempts to cause death, hurt\ or restraint or fear of the death, hurt or restraint. -Manisha Singh . FORCE – No force is used in Theft. Also Read: Latin maxims and terms associated with the IPC (Indian Penal Code). Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC. According to Sec. The key differences between burglary, robbery, and theft include: Intent to steal property. Theft has been dealt with under sections 378 to 382. Distinction between theft, extortion and robbery: (i) Consent: In theft, offender takes without the owner’s consent. Section 383: Extortion. DACOITY UNDER IPC. Summarising the Difference between robbery and dacoity. Various Offences Against Property At A Glance: With Reference To Indian Penal Code 1860. Data theft. The outcomes of information robbery … robbery is never said to be committed When theft is robbery Theft means that whoever intentionally takes someone’s immovable property from their possession without that person’s consent and moves it from that place, is said to commit of theft. Distinction between Theft, Extortion, Robbery and Dacoity Theft, robbery and dacoity resemble each other in that property is taken without the owners consent. Both in theft or extortion, dishonesty is an essential ingredient. 14 ... cannot be the subject of theft under the Indian penal code. when someone moves a movable property from one’s possession without his consent with dishonest intention. Sometimes, misusing the words can cost them insurance money, or it may lead to an unsuitable punishment. Introduction. Robbery, on the other hand, is a special and aggravated form of either theft or extortion. One major difference between these two crimes is that extortion requires (to some degree) the consent of the victim whereas robbery does not. What is the classification of theft? 48 Decide the liability of `A'. Let’s look at some of these offences in detail. “Stealing” and is not a crime itself. 2. First, understand that every jurisdiction can be slightly different. In this article, we will try to understand both the offences with their nature. Theft under IPC. Dacoity is aggravated form of Robbery whereas Robbery includes either theft or extortion. There is only slight difference between robbery and decoity. However, theft can be committed in respect of movable property only, whereas extortion, robbery or dacoity can be committed in respect of immovable property also. Such movable property must be taken away. Even the court does not has the authority and power to compound such offense. In other words, robbery is an aggravated form of theft. where the property is removed by the accused without the consent of the victim by using force or fear it amounts to robbery. Difference between Tort and crime:-(Common Difference under IPC) The main difference is tort belongs individual and crime belongs to society. IPC 390-402: Robbery & Dacoity. Robbery in common language means to deprive a person of his or her property. The chief distinguishing element in robbery, theft and extortion is the presence of imminent fear of violence. In all robbery, there is either theft or extortion. Theft has been defined under Section 378 of IPC. 2015. When theft becomes robbery: when element of fear force is combined with theft, it is termed as robbery i.e. Theft vs Robbery . Explanation: The offender is said to be present if he is suffi­ciently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. In other words, if there is no theft or no extortion, there comes no chance of any robbery being done. Dacoity is robbery by five or more persons conjointly committed or attempted to be committed. Robbery is defined under Section 390 of IPC which has been divided into two parts-When theft is robbery DACOITY UNDER IPC. Robbery is an aggravated form of theft, so if someone attempts or causes any hurt, wrongful restraint or death in order to commit an act of theft, it is known as robbery. There is no difference between robbery and dacoity except in the number of offenders. A Theftis considered as a “robbery” when the offender in order to commit the theft or in committing the theft or to carry away or while attempting to carry away property obtained by the theft, voluntarily causes or attempts to cause death or hurt or wrongful restraint or fear of instant death or instant hurt, or of instant wrongful restraint to any person. While theft and robbery always involve the intent to steal someone else’s property or money, burglary does not always involve theft. Mainly, ten offences are identified under Crimes against property under the IPC. Theft is a broad term with many different crimes under its umbrella, including robbery, fraud, embezzlement, and identity theft. involving robbery by groups of armed bandits. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462. Theft has been dealt with under sections 378 to 382. Theft is an offence in which movable property of a person is taken away and it is taken away without his consent. Theft has been defined under Section 378 of IPC. A tort is a private wrong, crime is a public wrong i.e., which affects society. The main difference between Robbery and Dacoity is number of participants, In Dacoity th ere must be five or more person and Robbery … In all robbery there is either theft or extortion. This is a crime that has gone on since time immemorial with only the modus operandi and the weapons involved changing over time. In normal sense, hurt means to cause bodily injury and/or pain to another person. Although burglary, robbery, and theft are often used interchangeably, there are distinct differences between the three. According to the Oxford Dictionary, Dacoity means – an act of violent robbery committed by an armed gang. Legally, theft and robbery are very different and call for different punishments. Difference Between Theft and Robbery Theft vs Robbery In everyday language, theft and robbery are used interchangeably. 1. Difference Between Robbery and Extortion Robbery vs Extortion “Robbery” and “extortion” are two very different crimes, and the punishment and insurance coverage for them are entirely different. The offence of criminal misappropriation consists in dishonest misappropriation or conversion to his own use any movable property. Because they had intent to steal, used the threat of force, and took money directly from a person, the two men have committed robbery. Robbery is dacoity, if the persons committing robbery are five or more in number. In … Robbery is a generic offence which is an aggravated form of theft or extortion, defined under section 390 of IPC. In last to conclude the topic, theft and extortion are two different offences, relating to property. ROBBERY. Chapter XVII of the Indian Penal Code, 1860 mandates over the ‘Offenses against Property’. Difference between Robbery and Dacoity. What is Theft? ... against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. Section 390 – In all robbery there is either theft or extortion. NOTE – The only difference between the offence under this section and that in the case of robbery (Section 390 of the IPC) is that some injury is actually inflicted in the case of robbery, while under this section all preparations are made for facilitating escape after committing such theft. Section 319 – Whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt. Theft, Robbery, Extortion and Dacoity are one of the most common offenses committed in India. Robbery. Moreover, in theft the property involved of is movable property but in case of extortion it maybe any 5. In other words, robbery is an aggravated form of theft. Distinguish Between Robbery and Dacoity and its Punishment. The main difference between robbery and dacoity is number of participants in committing wrong. Q. Theft, or extortion when caused with violence causing death of fear of death, hurt or … But there are some offences where both men rea and actus rea are required to constitute an offence. Section 390 of the Indian Penal Code has defined robbery and has defined theft and extortion in relation to robbery. Theft… 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, … 2. Crime is more serious comparatively tort, a tort is a civil wrong and crime is a criminal wrong. For example, if Shikar comes to your house, beats you up and then steals five hundred rupees from … As nouns the difference between housebreaking and burglary is that housebreaking is the act of breaking into another person's house with unlawful intent while burglary is the crime of unlawfully breaking into a vehicle, house, store, or other enclosure with the intent to steal. If at the time of committing theft the offender causes or attempts to cause death, hurt or wrongful restraint or fear of any of these, he is said to have committed robbery. 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. Burglary, dacoity, robbery and theft are almost similar words. But on a closer look it may be found there are some difference between them. OF DECOITY-: Every dacoity is robbery. Under a Non-compoundable offense, no compromise is allowed. Indian Penal Code, 1860. Extortion, theft, robbery and dacoity: Extortion occupies a middle place between theft and robbery or dacoity. Is all offences need actus rea along with men rea? Distinction between theft and robbery: As to violence: Theft means the taking away dishonestly any movable property of another without that persons consent i.e., by stealth. Robbery is dacoity, if the persons committing robbery are five or more in number. There is no difference between robbery and dacoity except in the number of offenders. It is the use of force that makes robbery, … ‘A’ will be guilty of killing C as if he had been liable against B as one cannot be condemned if his mens rea relates to one crime and actus reus to a different crime. Dacoity is characterized under Section 391 of the IPC and the discipline for it is characterized under Section 395 of the IPC. Secondly, robbery is a generic offence that is an aggravated form of theft or extortion. DACOITY IPC Section 391 defines “Dacoity”. In all robbery, there is either theft or extortion. Summarized distinction between theft, extortion, robbery and dacoity are as follows: Theft Extortion Robbery Dacoity Movable property is taken away without owners consent in theft Consent of the person is obtained wrongfully by coercion The offender takes property without consent, robbery being the aggravated form of theft or extortion There is no consent or it […] When Theft is Robbery. In short crime is a violation of laws, rules, statutes, etc. Section 392 - Punishment for Robbery Section 392 IPC, as defined under the Code reads as, “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.” Legally, theft and robbery are very different and call for different punishments. Sometimes, misusing the words can cost them insurance money, or it may lead to an unsuitable punishment. Section 378 Section 378 defines the crime of theft. Depending on the severity of the crime, theft can be classified as either a felony or misdemeanor. There is no difference between robbery and dacoity accept in the number of offenders. When theft is robbery.—Theft is “robbery” Thus, in following offences or attempt to commit the right of private defence is available THEFT-CONSENT – In Theft the accused takes the property without any consent. In extortion, offender takes by the wrongful obtaining consent. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishon­estly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extor­tion”. The property must be taken away from the possession of a person. Define Hurt and Grievous Hurt. Theft. Theft becomes robbery if in the course of it the offender causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death hurt or wrongful restraint. The main difference between these three criminal offenses is the manner in which they are carried out. DIFFERENCE BETWEEN THEFT AND ROBBERY S.390 of the IPC states that in all robbery cases, there is either extortion or theft. Such offences include crimes like theft, extortion, robbery, dacoity and other aggravated forms of these crimes. Theft can be with respect to movable property only while robbery can be committed with respect to immovable and movable property. What is the difference between Criminal Misappropriation and Theft under Indian Penal Code, 1860. The main difference between the offenses is that robbery involves the use of force or intimidation. Theft is the taking of property from the possession of the owner without the consent of the owner whereas Robbery is the aggravated form of theft. A commits theft. (a) Explain the rationale behind punishing a person guilty of a strict liability offence in the absence of guilty mind. Robbery is dacoity, if the persons committing robbery are five or more in number.