Prateek Kher

Offences Against Property – Theft, Extortion, Robbery & Dacoity

Subject: Criminal Law (IPC / Bharatiya Nyaya Sanhita)
Scope: Theft, Extortion, Robbery, Dacoity and their essential ingredients, distinctions, landmark cases and AIBE exam pointers.

1. Theft

IPC, 1860 - Sec 378 BNS, 2023 - Sec 303

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, commits theft.

Punishment: IPC Sec 379 BNS Sec 303
Five Essential Ingredients of Theft
  1. Dishonest intention (Animus Furandi).
  2. Property must be movable.
  3. Property must be in another person's possession.
  4. Taking must be without consent.
  5. Property must be moved.

2. Extortion

IPC, 1860 - Sec 383 BNS, 2023 - Sec 308

Whoever intentionally puts any person in fear of injury and thereby dishonestly induces delivery of property or valuable security commits extortion.

Punishment: IPC Sec 384 BNS Sec 308
Key Difference from Theft:
Theft involves taking property without consent, while Extortion involves obtaining consent through fear of injury.

3. Robbery

IPC, 1860 - Sec 390 BNS, 2023 - Sec 309
Golden Rule: In every Robbery there is either Theft or Extortion.
When Theft becomes Robbery

Theft becomes robbery when the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of immediate death, hurt, or wrongful restraint.

When Extortion becomes Robbery

Extortion becomes robbery when the offender is in the presence of the victim and puts the victim in immediate fear of death, hurt, or wrongful restraint.

4. Dacoity

IPC, 1860 - Sec 391 BNS, 2023 - Sec 310

When five or more persons conjointly commit or attempt to commit robbery, every such person is guilty of dacoity.

Essential Formula:
Robbery + 5 or More Persons = Dacoity
Punishment:
IPC Sec 395 BNS Sec 310

5. Comparative Matrix

Offence Property Type Consent Means Used Minimum Persons
Theft
IPC 378 / BNS 303 		Movable Only Without Consent Secret Taking 1
Extortion
IPC 383 / BNS 308 		Movable & Immovable Consent under Fear Fear of Injury 1
Robbery
IPC 390 / BNS 309 		Movable & Immovable Forced Immediate Fear / Violence 1
Dacoity
IPC 391 / BNS 310 		Movable & Immovable Forced Immediate Fear / Violence 5+

6. Landmark Cases

Pyare Lal Bhargava v. State of Rajasthan (1963)

Temporary removal of a government file constituted theft. Permanent deprivation is not necessary.

K.N. Mehra v. State of Rajasthan (1957)

Taking an aircraft for an unauthorized flight amounted to theft. Dishonest intention need not cause permanent deprivation.

State of Maharashtra v. Joseph Peter (1977)

To establish dacoity, at least five persons must be shown to have acted conjointly. If the number falls below five due to acquittal, conviction for dacoity may fail.

7. Bare Act Navigation Tips for AIBE

IPC ↔ BNS Mapping
  • IPC Sec 378 → BNS Sec 303 (Theft)
  • IPC Sec 383 → BNS Sec 308 (Extortion)
  • IPC Sec 390 → BNS Sec 309 (Robbery)
  • IPC Sec 391 → BNS Sec 310 (Dacoity)
  • IPC Sec 395 → BNS Sec 310 (Punishment for Dacoity)
Most Tested Numbers
  • Dacoity = 5 or More Persons
  • Theft = Movable Property Only
  • Extortion = Movable + Immovable Property
AIBE Quick Revision Formula

Theft = Taking Without Consent, Extortion = Consent Through Fear, Robbery = Theft/Extortion + Immediate Violence, Dacoity = Robbery + 5 Persons.