A meets B on the high road, A shows pistol to B and demands B’s purse. Consequently, A gives his purse to B. What offence has A committed?

Question: A meets B on the high road, A shows pistol to B and demands B’s purse. Consequently, A gives his purse to B. What offence has A committed?

Find the answer to the mains question only on Legal Bites. [A meets B on the high road, A shows pistol to B and demands B’s purse. Consequently, A gives his purse to B. What offence has A committed?]

Answer

Section 390 provides a provision for Robbery and states 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.

Extortion is robbery, if, the extortionist at the time of committing the extortion, is in the immediate presence of the victim and puts the victim in fear of instant death, of instant hurt or of instant wrongful restraint, either to that person or to some other person. If out of this fear induced in the victim by the extortionist, he is able to obtain delivery of the thing extorted, then the offence of extortion is committed.

The explanation to section 390 states that the extortionist is said to be present, if he is sufficiently near to put the person in fear of instant death, of instant hurt or of instant wrongful restraint.

The present facts of the case are borrowed from illustration no. (b) to section 390. In this case, when A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt and being at the time of committing the extortion in his presence. A has, therefore, committed robbery.

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