Theft v. Robbery v. Dacoity
(चोरी, लूट और डकैती )
Theft,
robbery and dacoity are terms that are generally used interchangeably and assumed
as a synonym to one-another. But in law, they are not the same. They have different
meaning and distinct essential characteristics. Let’s analyze each of them.
1. 1. Theft
(चोरी): Theft is defined under Section 378 of the Indian Penal Code.
Theft
is committed when somebody takes out some movable property (i.e. which can be
moved e.g. car, money, animals etc.) out of the possession of the owner without
his consent and with a dishonest intension to steal it.
The
victim may or may not be present at the site of theft.
Illustration:
Suppose
a friend of yours comes to your house when you are not there. He sees a gold
ring lying on a table. He hides it with the intension of telling you later
about it. Has theft taken place?
What
if the intension was to hide the ring and take it out later when you would have
forgot about it and sell it in the market?
Theft
has been committed in the second case only, as dishonest intension is a pre-requisite
for theft.
Essential Elements of theft:
The
following essentials must be fulfilled in order to name an offence as theft:
a)
Taking
out of movable property.
b)
Dishonest
intension of stealing.
c)
NO
use of force on the victim.
d)
Presence
of victim not required.
If all the above conditions
are fulfilled, then only theft is said to be committed.
Punishment
for theft: Imprisonment
up to 10 years + fine (Depending on the severity of theft).
2. 2. Robbery (लूट): Robbery is defined under Section 390 of
the Indian Penal Code.
Robbery
is an aggravated form of theft. Theft becomes a robbery when the person
committing theft voluntary causes or attempts to cause hurt, death or wrongful
confinement to any other person or induces a fear of hurt, death or confinement
in the mind of the other person.
Thus,
use of force and presence of the victim becomes an essential characteristic of
robbery.
Illustration:
Suppose
on one night, while returning from office, someone pickpockets your wallet
without harming you. Is robbery committed?
What
if the person asks for your wallet on knifepoint and you give it to him? Is
robbery committed?
While
the first case shows the commission of theft, the second one is definitely a robbery
as there is induced fear of hurt or death.
Essential Elements of Robbery:
The
following essentials must be fulfilled in order to name an offence as robbery:
a)
Taking
out of movable property.
b)
Dishonest
intension of stealing.
c)
Use
of force on the victim or inducing fear of use of force in the mind of the victim.
d)
Presence
of victim on the site of offence.
If all the above conditions
are fulfilled, then robbery is said to be committed.
Punishment
for robbery: Imprisonment
for life or rigorous imprisonment up to 10 years + fine (Depending on the
severity of robbery).
3. 3. Dacoity (डकैती): Dacoity is defined under Section 391 of the
Indian Penal Code.
Dacoity
is again an aggravated form of robbery.
When
robbery is committed or attempted by a group of five or more persons, each
person is said to have committed dacoity.
So presence
of at least five persons is required for the commission of the offence of dacoity.
Illustration: Assume in the above illustration for robbery, instead of one
person, a group of 10 people with hockey sticks and knives ask for your wallet
and you give it to them. Is it robbery or Dacoity?
Indeed,
its dacoity as no. of people present is at least five.
Essential Elements of Dacoity:
The
following essentials must be fulfilled in order to name an offence as robbery:
a)
Taking
out of movable property.
b)
Dishonest
intension of stealing.
c)
Use
of force on victim or inducing fear of use of force in the mind of the victim.
d)
Presence
of victim on the site of offence.
e)
At least
five people are required for the offence of dacoity.
If all the above conditions
are fulfilled, then dacoity is said to be committed.
Punishment for dacoity: Imprisonment for life or rigorous imprisonment up to 10 years +
fine (Depending on the severity of dacoity).
Comparison
at a glance:
Excellent Article, May your blog becomes a success. Comparison table at the bottom was very helpful. Hope you add more Law Notes.
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