IPC Section 390 – Robbery

Section Overview

Section Number:

IPC Section 390

Section Title:

Robbery

Act:

Indian Penal Code, 1860 (IPC)

Status:

Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with substantially similar provisions relating to robbery.

Applicability:

IPC Section 390 applies when:

• Theft is accompanied by violence, hurt, wrongful restraint, or fear of instant violence; OR

• Extortion is committed by putting a person in fear of instant death, instant hurt, or instant wrongful restraint.

👉 Section 390 does not prescribe punishment; it defines robbery.

Section Explanation

Simple Explanation (Plain English/Hinglish)

IPC Section 390 ka simple matlab hai ki jab theft ya extortion ke saath violence ya turant violence ki dhamki jud jati hai, tab woh robbery ban jata hai.

Simple words mein:

"Violence ya turant dhamki ke saath ki gayi theft/extortion = Robbery."

Legal Definition

Section 390 explains:

Theft Becomes Robbery When:

While committing theft, or carrying away stolen property, the offender:

• Causes death;

• Causes hurt;

• Causes wrongful restraint; OR

• Creates fear of instant death, hurt, or restraint.

Extortion Becomes Robbery When:

The offender:

• Is present before the victim;

• Puts the victim in fear of instant death, hurt, or restraint;

• Induces immediate delivery of property.

Essential Ingredients

A. Robbery Through Theft

The following must exist:

1. Theft;

2. Violence or threat;

3. Immediate connection between theft and violence.

B. Robbery Through Extortion

The following must exist:

1. Extortion;

2. Presence of offender;

3. Fear of instant harm;

4. Immediate delivery of property.

Difference Between Theft, Extortion and Robbery

Punishment Framework

IPC Section 390 only defines robbery.

Punishment is prescribed under:

• IPC Section 392 (Punishment for Robbery)

• IPC Section 393 (Attempt to Commit Robbery)

• IPC Section 394 (Voluntarily Causing Hurt in Robbery)

• IPC Sections 395–402 (Dacoity-related offences)

IPC ↔ BNS Mapping

IPC Section

IPC Section 390

BNS Equivalent

The Bharatiya Nyaya Sanhita retains robbery provisions with:

• Similar essential ingredients;

• Updated drafting style;

• Continuation of theft/extortion plus violence framework.

Status

Concept retained.

Real-Life Examples

Example 1: Street Snatching with Force

A person snatches a chain and pushes the victim to the ground.

Theft + violence = robbery.

Example 2: Armed Threat

An offender points a knife and demands money.

Extortion + instant fear = robbery.

Example 3: Mobile Phone Theft with Assault

A thief hits the victim while taking a phone.

Section 390 applies.

Example 4: Threatening Driver

An offender threatens a taxi driver with immediate injury and takes cash.

Robbery is committed.

Landmark Judgments

Case Name:

Shiv Kumar v. State of Madhya Pradesh

Court:

Supreme Court of India

Key Takeaway:

Violence accompanying theft elevates the offence to robbery.

Case Name:

Phool Kumar v. Delhi Administration

Court:

Supreme Court of India

Key Takeaway:

Fear of immediate violence is sufficient to establish robbery.

Case Name:

Ashfaq v. State (Govt. of NCT of Delhi)

Court:

Supreme Court of India

Key Takeaway:

Presence of threat and immediate coercion are critical elements in robbery cases.

Legal Insights

When Is Section 390 Applied?

Section 390 is applied whenever:

• Theft involves violence;

• Extortion involves immediate threat;

• Instant fear compels property transfer;

• Criminal force is used during property offences.

Common Misuse Scenarios

 Ordinary Theft Presented as Robbery

Without violence or immediate threat, robbery is not established.

 Absence of Instant Fear

Future threats generally indicate extortion, not robbery.

 Lack of Physical Presence

For extortion-based robbery, offender presence is important.

 No Connection Between Force and Theft

Violence must be linked to the taking of property.

Defenses Available

No Violence Used

The offence may amount only to theft.

No Instant Threat

The conduct may constitute extortion instead.

Mistaken Identity

The accused was wrongly identified.

Lack of Evidence

Prosecution fails to prove violence or threat.