OF ROBBERY AND DACOITY
S.309 BNS/ S.390 IPC
ROBBERY
1. In all robbery there is either theft or extortion.
2. 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.
3. 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.
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.
ILLUSTRATIONS
a. A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
b. A meets Z on the high road, 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.
c. A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
d. A obtains property from Z by saying “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child.
4. 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.
5. 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.
6. 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.
‘Y’ holds ‘Z’ down and fraudulently takes Z's money from Z's clothes without Z's consent. Y has committed:
a. Theft
b. Extortion
c. Dishonest misappropriation of property
d. Robbery
Ans. d
Under BNS, attempt to commit dacoity is punished under
a. Section 309
b. Section 310
c. Section 395
d. Section 396
Ans. a
'A' pretends to be 'B', who has died. Under which Section 'A' is guilty?
a. Section 308, BNS
b. Section 312, BNS
c. Section 309, BNS
d. Section 420, BNS
Ans. c
'A' cheats by pretending to be 'B', a person who is deceased, 'A' is liable to be punished under
a. Section 310 of BNS
b. Section 309 of BNS
c. Section 307 of BNS
d. Section 312 of BNS
Ans. b
Assertion (A): A person is not guilty of dacoity unless he has committed, attempted to commit or aided in committing robbery.
Reason (R): When two persons conjointly commit robbery, then every person so committing robbery is said to commit dacoity.
Codes:
a. Both A and R are true and R is the correct explanation of A
b. Both A and R are true but R is not a correct explanation of A
c. A is true but R is false
d. A is false but R is true
Ans. c
S.310 BNS/S.391 IPC
DACOITY
1. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly 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 aiding, is said to commit “dacoity”.
2. Whoever commits dacoity 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.
3. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.
4. 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.
5. Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine
6. Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, 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.
Which one of the following factors distinguishes 'robbery' from 'dacoity?
a. Time span
b. Property
c. Number of Offenders
d. Place of Offence
Ans. c
The offence of 'Dacoity' is defined in the Indian Penal Code, 1860 in
a. Section 310
b. Section 376
c. Section 108
d. Section 311
Ans. a
Dacoity is robbery committed by:
a. 2 or more persons
b. 3 or more persons
c. 4 or more persons
d. 5 or more persons.
Ans. d
S.311 BNS/ S.397 IPC
ROBBERY, OR DACOITY, WITH ATTEMPT TO CAUSE DEATH OR GRIEVOUS HURT.
If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
Does Section 311 of the BNS, create a distinct substantive offence?
a. Yes
b. Depends on some other factors
c. If only prescribes minimum is jail sentence for offences concerned
d. None of the above
Ans. a
Which of the following offences is punishable with a minimum sentence of seven years:
a. 326, BNS
b. 376(2)(g), BNS
c. 311, BNS
d. 409, BNS
Ans. c
S.312 BNS/S.398 IPC
ATTEMPT TO COMMIT ROBBERY OR DACOITY WHEN ARMED WITH DEADLY WEAPON.
If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished.
What is the minimum imprisonment prescribed for use of deadly weapons in 'dacoity'?
a. 10 years
b. 7 years
c. 5 years
d. 14 years
Ans. b
S.313 BNS/S.401 IPC
PUNISHMENT FOR BELONGING TO GANG OF ROBBERS, DACOITS, ETC.
Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.