Hey, today I will explain to you one concept related to the Indian Penal Code. I will explain the difference between Theft, Dacoity & Robbery. And this will I do through one question. The question is very simple, but technically it is very tough to understand. The question is that Five people stop a woman on the way and snatch her gold chain. Meaning the gold chain is worn by the woman and Five people snatch it, then what crime was this?
Is it Theft?
So just like you must have read the newspaper, then you must have read the news in the newspaper that Five people together snatch a woman’s gold chain and robbed her. In simple language, it calls the crime of Chain Snatching. But what crime happened in the Indian Penal Code? this is the question. So if you think it’s a robbery, you’re getting a little right and a little wrong. So I explain to you where you are from and where you are wrong, but to explain this, I take one more question.
And the question is that 4 people break the lock and enter the bank at midnight. So break the lock in the bank at midnight and enter.2 Crores of rupees were taken out of the bank. So what crime was this? When the news will run in the newspaper of the next day, then it will be printed in the newspaper that 4 people robbed the bank and robbed it. 2 Crores of rupees were withdrawn. But is it a crime of robbery?
No, No it is not an offense of robbery. So was it Dacoity? No, it’s not even robbery. So what crime was this? There are very essential elements, after understanding them carefully, you will be able to reach the answer. We do not understand the law according to how someone is publishing news in the newspaper, rather we understand the law from the books and the experts of the law. Or we understand the law from the judgment of the Supreme Court and the High Court. So in order to understand the answer to these questions, first of all, it is necessary to understand that what is the element of theft?
what is the element of theft?
The element of the theft is to remove/steal someone’s property means to remove/steal the movable property, but when force is used to remove/steal this movable property, then this theft turns into robbery. So carefully understand section 378 0f IPC gives definition about theft and section 390 gives the definition of robbery. And our law says that when there are more than five people in a robbery, then this robbery turns into dacoity. (Section 391 gives the definition of Dacoity.)
Now back to the question that there were 5 people. Five people blocked the woman’s way and snatched the gold chain. They pulled the gold chain she was wearing around his neck. According to the definition of Section 378 of IPC, what is theft? It has been converted into robbery because it was five people. So these five people blocked the path of the woman and snatched the gold chain, then it was a crime of robbery. And according to the second question, according to the definition of IPC, that the four people went to the bank because it is not five people, then it is not a dacoity. And they just broke the lock and entered the bank. Meaning they have not threatened anyone. Meaning we don’t have elements at all. And they didn’t use force because there is no other person in our example from whom he can use the force. We just don’t have the element. They just broke the lock and entered the bank and took out Rs 2 crore. Which means it is the offence of Simple theft. Meaning 5 people robbed the woman and four people committed the crime of theft in the bank.
These four sections of IPC are very important.
In these Sections, the provisions of punishment are increasing. By the way, the punishment is less in Section 379. Will be a little more for free and a little more for section 380. And these four sections would have become different forms of theft themselves.