What are theft and extortion When does it become robbery? When does robbery become dacoity? Is the preparation of dacoity punishable in law?

Question: What are theft and extortion When does it become robbery? When does robbery become dacoity? Is the preparation of dacoity punishable in law? [UPCJ, 1983, 1987, 2015, MPCJ, 2015, UPCJ 1985]

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Answer

I. Theft and Extortion

The offence of extortion is carried out by overpowering the will of the owner. In theft, the offender’s intention is always to take without the person’s consent.

Besides, the property which is obtained by extortion is not limited as in theft to the movable property only.

Thus, extortion takes an intermediate place between theft and robbery and it is more akin to robbery than to theft.

In addition to movable property, which is the subject matter of theft, extortion also covers ‘valuable security.

‘Valuable security’ is defined in section 30, which runs thus:

“The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.”

A man might commit extortion by compelling another to assign to him an estate or to create a mortgage or an annuity in his favour.

As already indicated, the radical difference between theft and extortion or robbery is that in the latter cases, the offence is carried out by overpowering the will of the owner and thereby inducing him to give up his own property.

The important question, therefore, is what means are so illegal as to convert an innocent or actionable proceeding to a crime. As regards extortion, these means are described as ‘whoever intentionally puts any person in fear. The question for the court will be what is the degree of fear which would justify a person of ordinary strength of mind in giving up his property, in order to escape from the injury with which he was threatened.

Section 390 of IPC defines robbery as:

“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. “

II. Robbery vs Dacoity

Section 391 of the IPC defines Dacoity. There is no difference between Robbery and Dacoity except the number of people committing the offence. If the number of people while committing robbery is 5 or exceeds 5 then the same amounts to dacoity. It must be noted that it is necessary to show that all the persons had the common intention to commit robbery.

Ordinarily, preparation to commit an offence is not per se punishable. Dacoity is one of the few exceptions to the general rule.

Section 399 provides for Making preparation to commit dacoity—

“Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.”

Dacoity has been regarded as an offence so intrinsic against the interests of the public that the legislature has made a departure from the general rule and made even preparation to commit dacoity an offence per se, even if the persons concerned do not proceed beyond the stage of preparation. An offence under this section is punishable with rigorous imprisonment, which may extend to ten years and shall also be liable to a fine.

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