Theft, Extortion, Robbery and Dacoity

These four offences form a ladder of increasing gravity against property, each adding an element to the one below:

Theft (S.303)

Definition (S.303(1))

"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."

Five Elements

Key Explanations

• A thing attached to the earth is not the subject of theft until severed (Explanation 1).
• A moving effected by the same act that severs may be theft (Explanation 2).
• Causing an animal to move is moving everything the animal carries (Explanation 4).
• Consent may be given by the person in possession or by a person with authority (Explanation 5).

Punishment (S.303(2))

• General: up to 3 years, or fine, or both.
• Second or subsequent conviction: 1 to 5 years RI + fine.
• Proviso (new): Where value is less than Rs. 5,000 and first conviction, on return or restoration of property: community service.

Snatching (S.304) (New)

Definition (S.304(1))

"Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property."

Punishment (S.304(2))

Up to 3 years + fine.

Why snatching is new: The IPC did not distinguish snatching from simple theft. In practice, chain-snatching and bag-snatching are common offences that involve a degree of force short of robbery. The BNS creates a separate offence to reflect this intermediate gravity.

Extortion (S.308)

Definition (S.308(1))

"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, commits extortion."

Elements

Punishment (S.308(2) to S.308(7))

Robbery (S.309)

Definition (S.309(1) to (3))

"In all robbery there is either theft or extortion."

Theft becomes robbery (S.309(2)) if, in order to commit the theft, or in committing it, or in carrying away property obtained by it, the offender voluntarily causes or attempts to cause to any person:

• Death, or hurt, or wrongful restraint, or
• Fear of instant death, or instant hurt, or instant wrongful restraint.

Extortion becomes robbery (S.309(3)) if the offender is in the presence of the person put in fear and commits extortion by putting that person in fear of instant death, hurt or restraint, thereby inducing delivery then and there.

The "Instant" Requirement

The key distinction: theft + future threat of harm = extortion. Theft + instant threat of harm in presence = robbery.

Punishment (S.309(4) to (6))

Dacoity (S.310)

Definition (S.310(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, and persons present and aiding, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity."

Punishment (S.310(2) to (6))

S.310(4) is preparation made punishable (one of the statutory exceptions noted in CRIM-1.2).

Recall Check

1. What are the five elements of theft under S.303?
2. What is new about snatching (S.304)?
3. What converts theft into robbery?
4. How many persons are needed for dacoity?

Key Cases

KN Mehra v State of Rajasthan (1957) KN Mehra v State of Rajasthan 1957
Issue: Whether driving a jeep towards the border constituted theft.
Rule: Dishonest intention must exist at the time of moving. Moving includes driving a vehicle.
Held: Theft was made out.

Distinctions

Flashcards

Exam Scenario

Problem: Ashok notices Bina's expensive phone lying on a restaurant table while Bina is in the washroom. He picks it up and walks out. Separately, Chandan grabs a gold chain from Disha's neck while she is walking on the road and runs away. Separately, Eshan points a knife at Farhan on a dark street and says "Give me your wallet now or I will stab you." Farhan hands over the wallet. Advise on the classification of each offence.

Step 1: Test Ashok (phone from table)

This is simple theft under S.303. Punishment: up to 3 years or fine or both.

Step 2: Test Chandan (chain from neck)

This is snatching under S.304. Punishment: up to 3 years + fine.

Could it be robbery? Under S.309(2), theft becomes robbery if the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death/hurt/restraint. A chain-snatch may cause hurt (bruising, scratch) or fear of instant hurt. If hurt is caused, it crosses into robbery (S.309). If no hurt and no fear beyond momentary surprise, it remains snatching.

Step 3: Test Eshan (knife and wallet)

Alternatively, this is theft becoming robbery (S.309(2)): the offender causes fear of instant harm in order to commit the taking.

This is robbery under S.309. Punishment: up to 10 years RI + fine (on a street at night between sunset and sunrise: up to 14 years).

Step 4: Summarise

Conclusion. Ashok: theft (S.303). Chandan: snatching (S.304), or robbery (S.309) if hurt or fear of instant harm is proved. Eshan: robbery (S.309).

See Also

• Criminal Misappropriation and Criminal Breach of Trust : property offences without taking from possession (property already in the offender's hands).
• Cheating and Mischief : property offences by deception rather than force.
• Organised Crime and Terrorist Act : S.111 targets syndicates engaged in robbery, extortion and vehicle theft as "continuing unlawful activity".