Relationship Between Robbery, Theft, and Extortion
Robbery is one of the most serious offences under the Indian Penal Code (IPC) because it involves not only the wrongful taking of property but the use of violence, fear, or threat to achieve that purpose. The IPC makes it clear that robbery does not stand alone as an independent category but is essentially an aggravated form of either theft or extortion. This understanding forms the basis of the famous legal principle:
“In all robbery, there is either theft or extortion.”
This article explains the meaning of robbery, its connection with theft and extortion, the essential ingredients, legal illustrations, relevant case laws, and why this principle is important for criminal jurisprudence.
Understanding Theft, Extortion, and Robbery Under IPC
To understand robbery, we must first understand theft and extortion as defined under the IPC.
Theft (Section 378 IPC)
Theft means dishonestly taking any movable property out of any person’s possession without that person’s consent.
Key ingredients include:
- Dishonest intention
- Movable property
- Taking out of possession
- Without consent
Extortion (Section 383 IPC)
Extortion is committed when a person intentionally puts someone in fear of injury and dishonestly induces them to deliver property.
Key ingredients include:
- Fear of injury
- Dishonest inducement
- Voluntary delivery of property
Robbery (Section 390 IPC)
Robbery is not a separate offence by itself; it is aggravated theft or aggravated extortion. Section 390 explains that:
A. Theft becomes robbery when:
- While committing theft,
- Or while carrying away the property obtained by theft,
- The offender voluntarily causes or attempts to cause death, hurt, wrongful restraint,
- Or instills fear of instant death or hurt.
B. Extortion becomes robbery when:
- The offender puts a person in fear of instant death, hurt, or wrongful restraint, and
- The victim is compelled to deliver the property immediately on the spot.
Thus, for extortion to be robbery, the threat must be immediate and the delivery of property must be immediate.
Why the Statement “In All Robbery There Is Either Theft or Extortion” Is Legally Accurate
This principle emerges directly from Section 390 IPC. The law states that:
- If the underlying act involves taking property without consent, it is theft, and if accompanied by violence or fear → robbery.
- If the underlying act involves delivery of property due to fear of injury, it is extortion, and if the fear is instant fear leading to immediate delivery → robbery.
Hence, robbery is nothing but theft with violence or extortion with immediate threat.
No robbery can exist independently without falling into one of these two foundational offences.
Examples to Understand the Concept Clearly
Example 1: Theft Turning into Robbery
A snatches B’s gold chain and, while trying to run, hits B with a knife.
- This is theft + violence → Robbery.
Example 2: Extortion Turning into Robbery
A points a gun at B and says, “Give me your wallet right now or I will shoot.”
- Immediate fear + immediate delivery → Robbery by extortion.
Example 3: Not Robbery
A threatens B saying, “Give me your car tomorrow or I will harm you.”
- The fear is not instant → Extortion, not robbery.
Essential Ingredients of Robbery
✔ Existence of theft or extortion
Robbery cannot exist without this foundation.
✔ Voluntary causing or threat of violence
The threat must be of instant harm in cases of extortion.
✔ Property must be taken or delivered
The victim loses possession due to force or fear.
✔ Mens rea (dishonesty)
The intention to cause wrongful loss or gain is necessary.
Relevant Case Laws
1. Shyam Behari v. State of Uttar Pradesh (1957 SCR 202)
The Supreme Court held that when violence is caused not only during theft but also while carrying away stolen property, the act constitutes robbery.
2. State of Maharashtra v. Joseph Mingel Koli (1997)
The Court emphasized that robbery is aggravated theft or aggravated extortion. The fear used must be instantaneous for extortion to become robbery.
3. State of Karnataka v. Appa Balu Ingale (1993)
The Court explained that even minimal force used during the commission of theft can convert it into robbery.
These cases reaffirm that robbery cannot occur without a base offence of theft or extortion.
Punishment for Robbery (Section 392 IPC)
Robbery is punishable with:
- Up to 10 years imprisonment and fine, and
- Up to 14 years imprisonment if committed on a highway at night.
Section 394 IPC also provides enhanced punishment if hurt is caused while committing robbery.
Why Robbery Is Considered a Heinous Offence
Robbery is treated as a serious offence because:
- It threatens public safety
- It involves violence or fear
- It creates insecurity in society
- It violates both property rights and personal security
This is why punishment is significantly higher than ordinary theft or extortion.
Mnemonic to Remember the Concept
“Robbery Rides on Theft or Extortion – Violence Makes the Transformation.”
Or even simpler:
“T+V = Robbery, E+Instant Threat = Robbery.”
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