THEFT
ORIGINAL JURISDICTION:
Triable by any Magistrate
BRIEF:
Under the Indian Penal Code, 1860 theft has been defined under Section 378 as; any person with dishonest intention to take any movable property out of the possession of the rightful owner without their consent moves the said property for the purpose of taking is said to have committed theft.
The punishment for theft has been given under
section 379 as imprisonment for 3 years, or fine, or both. The offence is Cognizable and non-bailable in nature. This offence is triable by any Magistrate and compoundable by the owner of the property stolen.
The following sections are related to the different types of theft and their punishments:
| Section |
Offence |
Punishment |
Cognizance |
Bail |
Compoundable |
| 380 |
Theft in dwelling house, etc. |
Imprisonment for 7 years + Fine |
Cognizable |
Non - Bailable |
Non – Compoundable |
| 381 |
Theft by Clerk or servant of property in possession of master |
Imprisonment for 7 years + fine |
Cognizable |
Non - Bailable |
Compoundable by the owner of the property stolen with the permission of the Court |
| 382 |
Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft |
Rigorous imprisonment for 10 years + Fine |
Cognizable
[Triable by Magistrate of First Class] |
Non - Bailable |
Non – Compoundable |
EXTORTION
ORIGINAL JURISDICTION:
Triable by any Magistrate
BRIEF:
Under the Indian Penal Code, 1860 extortion has been defined under
Section 383 as; when any person intentionally puts another person in the fear of injury to deliver any property or valuable security or to sign any papers which may convert into valuable security on signature, commits extortion.
The punishment for extortion has been given under section 384 as imprisonment for 3 years, or fine, or both. The offence is Cognizable and non-bailable in nature. This offence is triable by any Magistrate and non- compoundable.
The following sections are related to the different types of theft and their punishments:
| Section |
Offence |
Punishment |
Cognizance |
Bail |
Compoundable |
| 385 |
Putting person in fear of injury in order to omit extortion |
Imprisonment for 2 year, or fine, or both |
Cognizable |
Bailable |
Non – Compoundable |
| 386 |
Extortion by putting a person in fear of death or grievous hurt |
Imprisonment for 10 years + fine |
Cognizable
[Triable by Magistrate of First Class] |
Non - Bailable |
Non – Compoundable |
| 387 |
Putting person in fear of death or of grievous hurt, in order to commit extortion |
Imprisonment for 7 years + Fine |
Cognizable [Triable by Magistrate of First Class] |
Non- Bailable |
Non - Compoundable |
| 388 |
Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. |
Imprisonment for 10 years + Fine |
Cognizable
[Triable by Magistrate of First Class] |
Bailable |
Non – Compoundable |
| 389 |
Putting person in fear of accusation of offence, in order to commit extortion |
Imprisonment for 10 year + Fine
OR
Imprisonment for life |
Cognizable
[Triable by Magistrate of First Class] |
Bailable |
Non – Compoundable |
ROBBERY
ORIGINAL JURISDICTION:
Triable by Magistrate of First Class
BRIEF:
Under the Indian Penal Code, 1860 robbery has been defined under Section 390; All robbery have either theft or extortion involved within itself.
When theft is robbery – during the happening of theft or during the carrying of the property of theft, if the offender voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, will commit theft in robbery.
When extortion is robbery – It at the time of extortion, if the offender puts any person in fear or instant death, or instant hurt, or of instant wrongful restraint to deliver up the thing extorted, is said to commit extortion in robbery.
The punishment for robbery has been given under section 392 as rigorous imprisonment for 10 years and fine. But where robbery is committed on the highway between sunset and sunrise, the offender may be punished with rigorous imprisonment for 14 years and fine. The offence is Cognizable and non-bailable in nature. This offence is triable by Magistrate of First Class and non- compoundable.
Section 391 also defines Dacoity as when five or more persons conjointly commit or attempt to commit a robbery, then every person committing, attempting or aiding the robbery shall be said to commit dacoity.
The following sections are related to the different types of theft and their punishments:
| Section |
Offence |
Punishment |
Cognizance |
Bail |
Compoundable |
| 393 |
Attempt to commit robbery |
Rigorous imprisonment for 7 years + Fine |
Cognizable |
Non - Bailable |
Non – Compoundable |
| 394 |
Voluntarily causing hurt in committing robbery |
Imprisonment for life, or rigorous imprisonment for 10 years + Fine |
Cognizable |
Non - Bailable |
Non – Compoundable |
| 395 |
Punishment for Dacoity |
Imprisonment for life, or rigorous imprisonment for 10 years + Fine |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non – Compoundable |
| 396 |
Dacoity with Murder |
Death, Imprisonment for life, or rigorous imprisonment for 10 years + Fine |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non – Compoundable |
| 397 |
Robbery, or dacoity, with attempt to cause death or grievous hurt |
Rigorous imprisonment for not less than 7 years |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non - Compoundable |
| 398 |
Attempt to commit robbery or dacoity when armed with deadly weapon |
Rigorous imprisonment for not less than 7 years |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non - Compoundable |
| 399 |
Making preparation to commit dacoity |
Rigorous imprisonment for 10 years + Fine |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non – Compoundable |
| 400 |
Punishment for belonging to gang of dacoits |
Imprisonment for life, or rigorous imprisonment for 10 years + Fine |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non – Compoundable |
| 401 |
Assembling for purpose of committing dacoity |
Rigorous imprisonment for 7 years + Fine |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non- Compoundable |
| 402 |
Assembling for purpose of committing dacoity |
Rigorous imprisonment for 7 years + Fine |
Cognizable
[Triable by Court of Session] |
Non - Bailable |
Non - Compoundable |
