Indian Penal Code, 1860
Section 390
repealedRobbery
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.
Why this exists
This section explains that robbery is not a separate, brand-new crime, but an aggravated version of either theft or extortion, marked by the presence of violence or immediate fear at the time the crime happens. It exists to draw a clear line between a simple, non-violent theft or extortion and one where the victim faces the added terror of possible immediate physical harm, which the law treats as significantly more serious. The concept of robbery, built on theft or extortion plus immediacy of harm or fear, continues under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code in 2024.
Common misconceptions
- Myth: Robbery is a completely different crime from theft and extortion.
Fact: Robbery is legally built on top of theft or extortion, it becomes robbery specifically because of the added element of violence or immediate fear at the time of the crime.