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Contents  

Long Title

Chapter I — PRELIMINARY

Chapter II — GENERAL EXPLANATIONS

Chapter III — PUNISHMENTS

Chapter IV — GENERAL EXCEPTIONS

Right of private defence

Chapter V — ABETMENT

Chapter VA — CRIMINAL CONSPIRACY

Chapter VI — OFFENCES AGAINST THE STATE

Chapter VIA — PIRACY

Chapter VIB — GENOCIDE

Chapter VII — OFFENCES RELATING TO THE ARMED FORCES

Chapter VIII — OFFENCES RELATING TO UNLAWFUL ASSEMBLY

Chapter IX — OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Chapter X — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Chapter XI — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Chapter XII — OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

Chapter XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES

Chapter XIV — OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

Chapter XV — OFFENCES RELATING TO RELIGION OR RACE

Chapter XVI — OFFENCES AFFECTING THE HUMAN BODY

Offences affecting life

Causing miscarriage; injuries to unborn children; exposure of infants; and concealment of births

Hurt

Wrongful restraint and wrongful confinement

Criminal force and assault

Kidnapping, abduction, slavery and forced labour

Sexual offences

Chapter XVII — OFFENCES AGAINST PROPERTY

Theft

Extortion

Robbery and gang-robbery

Criminal misappropriation of property

Criminal breach of trust

Receiving stolen property

Cheating

Fraudulent deeds and dispositions of property

Mischief

Criminal trespass

Chapter XVIII — OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES

Currency notes and bank notes

Chapter XX — OFFENCES RELATING TO MARRIAGE

Chapter XXI — DEFAMATION

Chapter XXII — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Chapter XXIII — ATTEMPTS TO COMMIT OFFENCES

Legislative Source Key

Legislative History

 
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On 25/06/2017, you requested the version in force on 25/06/2017 incorporating all amendments published on or before 25/06/2017. The closest version currently available is that of 01/04/2015.
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Robbery and gang-robbery
Robbery
390.
—(1)  In all robbery there is either theft or extortion.
When theft is robbery
(2)  Theft is “robbery” if, in order to commit 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.
When extortion is robbery
(3)  Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation .—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a)
A holds Z down, and dishonestly 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.
(b)
A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence surrenders his purse. Here A has extorted the purse from Z, by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c)
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, Z being present. A has therefore committed robbery on Z.
(d)
A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us $1,000.” This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
[Indian PC 1860, s. 390]
Gang-robbery
391.  When 5 or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to 5 or more, every person so committing, attempting, or aiding, is said to commit “gang-robbery”.
[Indian PC 1860, s. 391]
Punishment for robbery
392.  Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes; and if the robbery is committed after 7 p.m. and before 7 a.m. the offender shall be punished with imprisonment for a term of not less than 3 years and not more than 14 years and shall also be punished with caning with not less than 12 strokes.
[23/84]
[Indian PC 1860, s. 392]
Attempt to commit robbery
393.  Whoever attempts to commit robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 393]
Voluntarily causing hurt in committing robbery
394.  If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person, jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 394]
Punishment for gang-robbery
395.  Whoever commits gang-robbery shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 395]
Gang-robbery with murder
396.  If any one of 5 or more persons who are conjointly committing gang-robbery, commits murder in so committing gang-robbery, every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 396]
Robbery when armed or with attempt to cause death or grievous hurt
397.  If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code.
[62/73; 23/84; 51/2007]
[Indian PC 1860, s. 397]
Making preparation to commit gang-robbery
*399.   Whoever makes any preparation for committing gang- robbery, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 399]
*  There is no section 398.
Punishment for belonging to gang-robbers
400.  Whoever shall belong to a gang of persons associated for the purpose of habitually committing gang-robbery, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 6 strokes.
[62/73]
[Indian PC 1860, s. 400]
Punishment for belonging to wandering gang of thieves
401.  Whoever shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being gang-robbers, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes.
[62/73]
[Indian PC 1860, s. 401]
Assembling for purpose of committing gang-robbery
402.  Whoever shall be one of 5 or more persons assembled for the purpose of committing gang-robbery, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes.
[62/73]
[Indian PC 1860, s. 402]