Offence Against Property (chapter XVII) Robbery Bangladesh Context

After reading this post, the reader will be able to know about ‘’Robbery’’ from the 17^th chapter offence against property of The Penal Code (1860).

In robbery, we will discuss about

1. The meaning of robbery.
2. Elements of robbery.
3. When theft is robbery.
4. When extortion is robbery.
5. Punishments for robbery.

Meaning of Robbery

Robbery means the taking of something of value, whether money or property, from someone through the use of physical force.

So, if the offender takes something of value which can be either money property from the victim, by using or giving threat of physical force it will be considered as a robbery.

Best example of a robbery can be about a bank robbery. In the picture given below we can see that, the offender is giving threat of physical force to victim by saying something like, ‘’give me the money otherwise I will kill you’’. So this offence will be considered as a robbery.

Fig: A bank robbery

Elements of Robbery

From the meaning of robbery we can say that there are four elements of robbery. If all of the elements are present in an offence, that will be considered as a robbery. These elements have been given in the following diagram.

When theft is robbery

Now we know the meaning and elements of robbery. But the important fact is robbery itself is not an independent offence. It is the aggravated form of theft or extortion. Which means theft or extortion is the basic offence for robbery.

The first sentence of section 390 of Penal Code (1860) says, in all robbery there is either theft or extortion.

So, when a theft or extortion turns into a violence form it will transform to a robbery. To understand better about robbery we will now discuss about ‘’when theft/extortion will be considered as a robbery.’’

Section 390 of Penal Code explains when theft is Robbery. It says, 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.

I will simply explain this from the pictures I have added below.

In the first picture, we can see a thief is entering into a house in order to commit theft.

In the second picture, the thief is committing the offence of theft.

And in the third picture, the offender is carrying away the property obtained by the theft.

Now, if the offender normally does the acts of picture 1,2 and 3 we will name this offence as a theft. But, in order to commit these acts, if the offender 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 as we can see in the fourth picture, the thief is using physical force against the victim, the theft will be considered as a robbery.

When extortion is robbery:

According to section 390, 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, 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.

So, extortion will be considered as a robbery if the offender is in the presence of the victim and puts the victim in an instant fear.

Now a question can arise when the offender is said to be present?

Section 390 explains that, 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.

So, extortion with instant fear is called robbery.

Punishments of robbery:

Section 392: 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. But, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

As we can see in the first picture, the offender is committing a bank robbery in day light. Here the term of his rigorous imprisonment may extend to ten years and shall also be liable to fine.

And in the second picture, offenders are committing robbery on a highway also at night. So, here the imprisonment may be extended to fourteen years.

Punishments of robbery:

·       Attempt to commit robbery:

Section 393: Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

·       Voluntarily causing hurt in committing robbery:

SECTION 394: If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

·       Punishment for belonging to gang of thieves:

SECTION 401: Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.