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...section 390 IPC, which stipulates that 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...DACOITY : -12. The offence of dacoity falls within Chapter XVII of the IPC which relates to Offences Against Property. Section 390 explains what is “robbery”. It explains...than the one referred to in Section 390, IPC, theft would not amount to robbery. It is also not sufficient that hurt had been caused in the course of the same transaction as commission of the theft...
...appellant both under Section 387 and Section 392 IPC, as Section 390 IPC lays down that in all robberies there is either theft or extortion; and that necessarily means that a person cannot be convicted both...few days later, he cannot be said to have committed ‘robbery’ within the meaning of Section 390 IPC for one of the ingredients of this offence is that the offender “induces the person so put in fear...IPC and Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (‘TADA’ for short). Aggrieved thereby the appellant has preferred this appeal under Section 19 of TADA...
.... Having considered the arguments advanced by both the sides I do not find any infirmity in the order passed by the Court below. Moreover as per the definition given under Section 390 IPC of robbery if...offence of robbery. The offence under Section 397 IPC is an aggravated forum of the offence under Section 390 IPC. In the case in hand the essential ingredients of Section 397 are...the learned Court below has allowed the application filed under Section 323 Cr.P.C and after taking cognizance for the offence under Sections 397 and 356 IPC against the...
..., Section 390 IPC punishable under Section 392 IPC falls under Chapter XVII of the Penal Code which deals with offences against property. Evidently, under Section 356 IPC, primacy has bee...slapped him and his other companions hit him with a stick. Hon'ble Supreme Court upheld the conviction recorded under Section 390 IPC. It observed that according to Section 390 IPC, ‘theft’ is robbery...Chandra slapped him to enable him to carry away the stolen watch. The hurt which was thus caused to Avinash Kumar clearly fell within the purview of Section 390 IPC.7. In the light of...
...Counsel submits that petitioner was placed under suspension vide order dt. 22/12/2006 upon a criminal case being registered against him for offences punishable U/Ss 498A, 406, 304-B, 390..., IPC, IPC. Counsel submits that pendente criminal case, the charge has now been framed but no effective progress has taken place and criminal case is lingering on and may take its own course while he...
...offence
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under Section 390 liable to be punished under Section 394 IPC to be attracted, the prosecution needs to prove...that the accused had caused hurt on the person from whom the properties have been stolen. Therefore for attracting an offence under Section 390 IPC, the prosecution has to establish that while....
14. In the above context, the question relevant for consideration is, whether the offence under Section 390 IPC would be attracted then to punish the 1staccused under...
...aiding, is said to commit "dacoity.
c) Further, the robbery has defined under section
390 IPC, which...hurt, etc., is caused at the time of the commission of the theft but for an object other than the one referred to in Section 390, IPC, theft would not amount to robbery. It is also not sufficient that...mentioned in Section 390, IPC, must always be satisfied before theft can amount to robbery, and this has been explained in L. Bishambhar...
...Judicial Magistrate/Civil Judge (S.D.), Kasganj in Complaint Case No. 5334 of 2022 (Ilakedar Singh Vs. Raghuraj and others), under Sections 323, 504, 506, 390 IPC, Police Station-Sidhpura...
...the accused non-petitioners to take certain documents on record and to consider them before charge and thereafter, by the same order, he has refused to frame the charge under Section 390 IPC. How ever...-petitioners for the offences under Sections 147, 148, 149, 323, 458, and 390 IPC and after investigation, the challan under Sections 395, 458, 147, 148...considered whether a charge under Section 390, IPC is made out against the accused-petitioners or not? The learned Sessions Judge, relying on a decision of this Court in L.K. Sharma v. The State of...
...are first adverse case and ground case respectively for an alleged offence of robbery. [To be noted, the offence of 'Robbery' under Section 390 IPC is punishable under Section 392 of IPC]. It was....
13. This Bench finds that Section 390 IPC defines 'Robbery' which is punishable under section 392 IPC and it calls for a maximum imprisonment i.e., Rigorous Imprisonment for a term wh...itself. Therefore, we are convinced that there is a difference between Section 390 IPC which is punishable under Section 392 IPC and Section 394 of IPC as section 394 is a graver offence...
...respectively for an alleged offence of robbery. [To be noted, the offence of 'Robbery' under Section 390 IPC is punishable under Section 392 of IPC]. It was submitted that Crime No.361 of 2023 on the file of...
12. We have carefully considered the rival submissions.
13. This Bench finds that Section 390 IPC defines 'Robbery' which is...offence under Section 394 which has punishment of imprisonment for life in that section itself. Therefore, we are convinced that there is a difference between Section 390 IPC which is punishable under...
...counsel for the petitioners that the trial Court had failed to notice that there are no ingredients in the said FIR to make out an offence under Section 390 of IPC and to prove the offence under Section...390 IPC, the condition under Section 390 IPC ought to have been fulfilled while committing or attempting theft, causing or attempting to cause immediate death, hurt, or wrongful restraint, and the...under Section 530 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records in C.C.No.1409 of 2024 under Section 392 IPC with Section 34 of the IPC on the file of Metropolitan...
...be convicted under Section 392 I.P.C To convict a person under Section 392 IPC, the ingredient of Section 390 IPC must be present. The main...ingredient of Section 390 IPC is that the offender should voluntarily cause or attempts to cause to any person death or hurt or wrongful restrain, or put the persons in fear of instant death or of instant...hurt, or of instant wrongful restrain. From the evidence, I find that there is nothing to suggest that the ingredient of Section 390 IPC is present in the instant case. None of the witnesses including...
...dishonestly. “An act to become dishonest, it must involve the intention of causing wrongful gain to one person or wrongful lost to another person.” Section 390 IPC defines robbery. “In all robbery there is...report under Section 392 IPC, before the court below. The petitioner now seeks orders quashing the prosecution against him on the ground that this prosecution is legally unsustainable.2...what is robbery. Section 378 IPC defines theft. “An act of theft to become punishable, must involve dishonest removal of property out of the possession of a person”. Section 24 IPC defines the term...
...robbery under Section
390 IPC was not included in the sections recorded in the FIR and this amounts to gross misconduct, negligence, carelessness, irresponsible.../323/34 of the Indian Penal Code, 1860 (IPC, for short).
4. The charge against the respondent Inspector Raj Singh was that to minimize the gravity of offence, offence of...23rdNovember, 2012. It is palpable and apparent that during the course of investigation, the Investigating Officer could have added other sections of IPC, if another or more serious offence was made out...
...quash the impugned First Information Report dated 19.1.2023 registered as Case Crime No. 0017 of 2023, under Sections 390 IPC, P.S. Kokhraj, District Kaushambi, and for a direction to the respondents not...to quash the impugned First Information Report dated 19.01.2023, registered as Case Crime No. 0017 of 2023, under Section 380 IPC, Police Station Kokhraj, District Kaushambi and for...
...than the one referred to in S.390, IPC, theft would not amount to robbery. It is also not sufficient that hurt had been caused in the course of the same transaction as commission of...punishable under Section 392 of IPC. Section 390 of IPC
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explains when theft is robbery. It is provided that robbery is...) Thirdly, if hurt, etc., is caused at the time of the commission of the theft but for an object other than the one referred to in S.390, IPC, theft would not amount to robbery...
...Section 392 IPC deserves to be rejected. In this regard it would be appropriate to note Section 390 IPC which reads as under:
"390. Robbery.—In all robbery there is...other person in fear of instant death, of instant hurt, or of instant wrongful restraint."
15. Section 390 IPC which defines robbery thus provides that in...person. Thus the offence falls within the ambit of Robbery as defined under Section 390 IPC punishable under Section 392 IPC.
16. The above noted issue also arose...
...been defined under Sec. 390 IPC which reads as under:—“390. Robbery—In all robbery there is either theft or extortion.When theft is robbery—Theft is “robbery” if, in or to..., then in my opinion, conviction cannot be maintained for an offence defined in Sec. 390 IPC because of the finding of the trial Court that it is not proved that the accused was armed with the pistol...or hurt and the natural consequence is that the conviction of the accused for committing robbery as defined under Section 390 IPC and punishable under Sec. 392 IPC cannot be sustained...
...various provisions of IPC are perused including Section 390 IPC.
I have heard learned counsel for the parties and perused the records...provisions of Sections 390, 394 and 302 IPC are cautiously perused, it appears that the matter is crossing the limits of an offence punishable under section 460 IPC.
I...applicant Pan Singh, who is involved in Case Crime No.564 of 2009 under section 460 IPC, P.S. Rajpura, District Budaun. The alleged incident of theft and murder had taken place on 4.8.09 at about 2 a.m...