Section 392 - Punishment for Robbery
Section 392 IPC, as defined under the Code reads as, “Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.”
For a better understanding of 392 IPC section, we need to understand, what robbery is and what constitutes the offence of robbery, why is it considered such a serious offence, punishment to which is provided under sec 392 IPC.
So, moving forward with section 392 Indian Penal Code, the offence of Robbery is defined under section 390 IPC. One of the essential points that need to be known while dealing with the case of section 392 Indian Penal Code is, Robbery is the essence of theft or extortion. It is an accepted fact that in all robbery, there is either theft or extortion. Robbery in simpler terms could be understood as an act to deprive a person of his or her property. The major factor that distinguishes between a theft, robbery and extortion is the presence of imminent fear of violence.
To hold a person guilty of committing the offence of robbery and making him liable under IPC 392, there are some essential ingredients that must be present.
Starting with the essence of robbery, generally, in a robbery, the major part is played by the intention of the offender or the person committing it. In all the aspects of carrying away or attempting to carry away the looted property, the offender is liable to punishment under the ambit of sec 392 Indian Penal Code, when he tends to voluntarily cause or attempts to cause death or hurt or wrongful restraint to any person.
We can better understand IPC section 392 with the help of an example. Say for an instance, A person ‘X’ snatched the watch of person ‘Y’. Meanwhile, a person ‘Z’ comes and stops the victim i.e. person ‘Y’ in order to help ‘X’ to carry away the watch. In this condition, the hurt caused by the person ‘Z’ had relation to the theft of the watch, hence this offence comes within the ambit the section 390 that is robbery, punishment to which is provided under sec 392.
Talking in very general terms, robbery is nothing but an act of taking away a person’s valuables without his consent, by keeping him under the pressure of any sort of restraint, fear of hurt, death, or any other kind of violence.
Most of the times, the offence of Robbery, theft, dacoity and extortion are misunderstood with each other. Though these are inter-related, however, the meaning of and the term of punishment in all these offences vary from each other.
In the commission of an offence, punishable under 392 IPC, the attempt is a necessary ingredient. Practically also, no act can be committed without attempting it. Secondly, there should be the intention of the person to rob. Thirdly, there must be the presence of acts which proves the execution of such intentions. Lastly, the result of such acts must be robbery, where a person is looted or has suffered from the loss of valuables in fear of hurt or death.
Also, it is to be noted that, section 392 will only apply to a person if he has committed the offence of robbery on a living human being. It is an accepted fact that no property can be looted or snatched away from an animal or a dead body.
For the purpose of this section 392 IPC, dead bodies are an exception. Say for an instance, if a person removes ornaments from the dead body of the person, whose death has been caused by him, he will not be charged under sec 392 of IPC, rather, he will be liable to punishment under section 302 for committing the offence of murder.
The reason being, a dead body is not considered as a person and robbery is always committed when an alive person is having the possession of the things. Since the dead body is not a person, no ornament or anything can be said to be held in the possession of it. Hence, the person will not be liable to punishment under IPC 392.
It is very clearly explained in the section that when murder and robbery are committed in the course of the same transaction by the same person or persons, the offence would fall under the purview of IPC sec 392. Also, if theft is committed and injuries are caused, then the conviction will take place under Section 392 IPC.
In addition to section 392 Indian Penal Code, if any kind of hurt is caused while committing robbery, then section 394 is attracted. If death or grievous hurt is attempted while committing robbery, in that case, section 397 will be attracted. And, in cases, where the offender is armed with the deadly weapons, in that, section 398 will be attracted.
Moving further with the punishment as provided under the Code for committing the act of robbery. Indian Penal Code Section 392 prescribes the punishment for committing the offence of robbery. The term of punishment may extend to 10 years of rigorous imprisonment and also fine. Further, it is clarified that when a robbery is committed on a highway between sunset and sunrise, the punishment may extend to 14 years. The reason behind this is the highways are generally considered as the most unsafe places. The chances of being robbed at night are very high. Keeping in mind the safety and trying to limit the acts of robbery, the term of punishment has been extended in these cases.
Further, the act committed under section 392 Indian Penal Code is considered as a cognizable and non-bailable offence, which is triable by Magistrate of the first class.
