What is Section 390 IPC? Robbery
Published on: Lawiz Team
Learn about Section 390 IPC: Robbery
Official Legal Text
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.
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.
What This IPC Section Means – Explained in Simple Words
Section 390 defines 'Robbery' as theft or extortion where the offender uses violence, threat, or fear to obtain property or valuables.
Purpose
To protect individuals from being violently deprived of their property or valuables.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Robbery').
Key Elements
1. It must involve theft or extortion. 2. Violence, threat, or fear must be used. 3. The violence must be used during or immediately before or after the act.
Illustrative Example
If a person points a knife at another and demands their wallet, it is robbery under Section 390.
Legal Defenses
If the accused can prove that there was no threat or violence, it may not be considered robbery.
Related Sections
Related to Section 391 (Dacoity) and Section 392 (Punishment for robbery).
Important Note
Robbery is a more severe form of theft or extortion involving violence.
FAQs
What does Section 390 IPC define?
Robbery.
How is 'Robbery' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 390 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 390?
Examples include real-life cases involving robbery.
Is Section 390 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 390 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 390 significant?
It holds importance in the framework of criminal law.