·There must be a dishonest intention to take the property.
·The property must be moveable.
·The property must be taken out of the possession of another.
·The property must be taken away without consent.
·Physical movement of the property is a must; however it is not necessary that it is moved directly.
Punishment for Theft
Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What is Extortion?
Extortion has been defined under Section 383 of the IPC, 1860.
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”.
1. A threatens Z that he will keep Z’s child in wrongful confinement; unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
2. A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
3. A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
The essentials of extortion are:
}Intentionally puts in fear of injury
}To that person or any other person
}Deliver any person
}Any property, valuable security or anything signed or sealed
Punishment for Extortion
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault.
According to Section 390 of the Indian Penal Code, 1860 “in all robbery there is either theft or extortion.”
When theft is robbery
According to section 390 of IPC: 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.
Thus, theft becomes robbery when the following conditions are satisfied;
·When the offender voluntarily causes or attempts to cause:
oDeath, wrongful restraint or hurt or
oFear of instant death, instant wrongful restraint or instant hurt.
·And the above act(s) is done
oWhile committing the theft
o To commit the theft
oWhile carrying away the property obtained by theft or
oWhile attempting to carry away property obtained by theft.
1. 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.
2. 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.