DIFFERENCES BETWEEN THEFT,

EXTORTION, ROBBERY AND DACOITY

Presented by
SOHELI KHAN
Assistant Professor of Law
THEFT
 DEFINITION

•Whoever, intending to take dishonestly any movable

property out of the possession of any person without
that person's consent, moves that property in
order to such taking, is said to commit theft.

• [SEC.379‐ PUNSHMENT UPT0 3 YRS. , FINE etc.]

 ESSENTIALS of THEFT

• Dishonest Intention (S.24)

• Wrongful Loss And Wrongful Gain (S.23)

• Movable Property

• Possession actual – constructive

• Without Consent Express / implied

• Movement Of Property (slightest)

• Dishonest intention to take property ‐ There must be dishonest
intention on the part of the offender. Section 24 IPC‐
dishonestly means that there must be a wrongful loss to one or
wrongful gain to another.

• If the intention of the offender is not to cause a wrongful loss or

wrongful gain, he does not commit theft even if he takes the
property without consent.
• Movable Property ‐ An immovable property cannot be stolen or
moved from the possession, so a theft cannot happen in respect of
an immovable property.

• Property must be taken out of possession of another ‐ The property

must be in possession of someone. A property that is not in
possession of anybody cannot be a subject of theft.
• Consent – The property must be taken out of possession of
any person without that person’s consent. Here consent
include both expressed and implied consent.

• Movement of property – A slight movement of the property with

a dishonest intention of taking it, is enough to constitute the
offence is theft.
EXTORTION
Section 383 of IPC –

Whoever intentionally puts any person in fear of any

injury to that person, or to any other, and
thereby dishonestly induces the person so put in fear to
deliver to any person any property or valuable security,
or anything signed or sealed which may be converted
into a valuable security, commits extortion

Section 384 of IPC –

Punishment for Extortion ‐ Imprisonment up to 3years or

fine or both.
 ESSENTIALS OF EXTORTIONS

•Intentionally putting a person in fear of injury to himself

or another

•Dishonest inducement to deliver property or valuable

security.
 ILLUSTRATION
S

(a)A threatens to publish a defamatory libel concerning Z

unless Z give him money. He thus induces Z to give
him money. A has committed extortion.

(b)A threatens Z that he will keep Z's child in

wrongful confinement, unless Z will sign and
deliver to A promissory note binding Z to pay
certain money to A. Z signs and delivers the note. A has
committed extortion.
ROBBERY
 SECTION 390 OF IPC
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, or 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.
 EXAMPLE

• (a) A holds Z down, and fraudulently takes Z's money from Z's clothes,
without Z's consent. A has committed theft and in order to commit
that theft, he voluntarily caused wrongful restraint to Z. Thus, A has
committed robbery.

• (b) 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.
 PUNISHMENT

• Section 392‐ Punishment for robbery‐ 10 years imprisonment and

fine

• Section 393 ‐ Attempt to robbery ‐ 7years imprisonment and

fine
DACOITY
 DEFINITION

SECTION 391 OF IPC

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 to five or
attempt,
amount every person so committing,
more,
attempting or aiding, is said to commit "dacoity".

"
 ESSENTIALS OF DACOITY

• Conjointly" refers to united action or concerted action of

the person participating in the transaction. It is not
necessary that all the persons must be at the same place but
they should be united in their efforts with respect to the
offence. Thus, persons who are aiding the offence are also
counted and all are guilty of dacoity.

• It is necessary that all the persons involved must have

common intention to commit the robbery. Thus, dacoity is
different from robbery only in the respect of number of
accused.
 PUNISHMENTS

Section 392: for Dacoity ‐ 10 rigorous

Punishment imprisonment years
and fine.
Section 396: Dacoity with murder – Sentence or
Imprisonment for life or up to 10 Death
years.
Section 399: Preparation to commit dacoity – Up to 10
years rigorous imprisonment and fine.

.
• Difference between robbery and dacoity

• Every case of dacoity is primarily a case of robbery but

vice versa is not correct.

• Robbery can be committed by one person but

for dacoity the least number is five.
THANK YOU