Introduction of Robbery
It is necessary for maintenance of law and order in human
society that law should protect human life and property. Failure to protect
human life and property leads to social anarchy. That is why, strict punishments have been provided in
Pakistan Penal Code against commission of Robbery
Definition
"According to Pakistan Penal Code, there is either theft or
extortion in all robbery. The reality is that theft or extortion becomes
robbery in specific circumstance."
When Theft became Robbery ?
When a person commits an offence in order to committing of
theft or in committing theft or in carrying away or attempting to carry away
property obtained by theft and such offence voluntarily cause or attempts to
cause to any person death or hurt or wrongful restraint or fear of instant death
or fear of instant hurt or fear of instant wrongful restraint, then theft becomes
robbery.
Illustration
Bashir wrongfully restraints Ahmad at Ahamad’s home, and
fraudulently takes away Ahmad’s money and mobile without Ahmad’s consent. In
this case, Bashir commits robbery because he wrongfully restraints Ahmad in
order to commit theft.
When Extortion became Robbery?
When an offender is in presence of that person, who is put
in fear, at time of commission of extortion and commits extortion by putting
that person in fear of instant death, fear of instant hurt or fear of instant
wrongful restraint to that person or to some other person and induces this person
to deliver up that thing which is extorted, extortion becomes robbery.
Illustration
Bashir meets Ahmad on his way to market. Bashir suddenly
holds Ahmad at gun point and enforces Ahmad to give his mobile to him. Consequently,
Ahmad hands over his mobile to Bashir. In this case, Bashir commits robbery
because he extorts mobile by putting Ahmad into fear of instant hurt and he is
in presence of Ahmad at time of extortion.
Temporary Possession
Even when the taking of property, an offence may be
committed under this section. Thus when the accused snatched away a mare from
its owner so that he may not go to the police station to lodge a report of
murder. The snatching away was temporary and the mare was handed back
subsequently. It was held that the necessary ingredients of section 378, P.P.C.
were all satisfied. As the offence of taking was accompanied by causing of hurt
or fear of instant hurt, the offence of the appellant fell under section 392,
P.P.C.
Object of hurt
The definition of robbery requires that either death or hurt
or wrongful confinement is caused or the victims put in fear of such result.
There must be evidence and it must be actually found that there was fear of
death, or hurt or wrongful confinement. In the absence of such a finding and
merely because the accused were armed with lathes when they removed articles
from the person of the victim, it cannot be held that the accused had committed
an offence of robbery. Hurt contemplated must be a conscious and voluntary act
on the part of the thief for the purpose of overpowering resistance on the part
of his victim, quite distinct and separate from the act of theft itself.
Theft after death of victim
Removal of ornaments from the body of a person after causing
his death does not amount to robbery. Where the accused being enraged by the
abuses of the deceased murdered him and after sufficiently long time started
breaking open the locks of boxes belonging to the deceased and collected stolen
things, the offence could not be brought under S.390, P.P.C. But where murder
and robbery are committed in the course of the same transaction by the same person,
the offence would fall under section 392 and not under section 404. In that
context, the word “person” cannot be so narrowly construed as to exclude dead
body of a human being who was killed in the course of the same transaction in
which theft was committed. The matter would be different if a thing is stolen
from a dead body apart from the transaction in which death occurred.
Punishments of Robbery
Against commission of Robbery, punishments are rigorous
imprisonment for a term, which should not be less than three years and should
not be more than ten years, and fine. However, if robbery is committed on the
highway, imprisonment can be extended to fourteen years.
Final Analysis
Preservation of life, religion, reason, lineage and property
are main objectives of law. For preservation of property, law has forbidden certain
acts against property. To punish offenders, who commit offences against property
and protect society form reoccurrence of these offences, law has provided
severe punishments.
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