Robbery, dishonest misappropriation of property & forgery

 

ROBBERY, DISHONEST MISAPPROPRIATION OF PROPERTY & FORGERY

ROBBERY:

Section 390: In all robbery there is either theft or extortion.

When theft if robbery:

Theft is ‘Robbery’ if in order to the committing of the 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:

Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear of instant death, or instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, includes 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, or instant hurt, or of instant wrongful restraint.

a.  A holds Z down, and fraudulently 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 pistal, 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 who is there 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 ten thousand rupees’. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of instant death of his child.

 

Dishonest misappropriation of property

Sec. 403 of IPC reads as follows:

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punishable with imprisonment of either description for a term which may extend to two years or with fine or with both.

Illustrations:

a.  A takes property belonging to Z out of Z’s possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft: but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

b.  A being on friendly terms with Z, goes into Z’s library in  Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

c.   A and B, being joint owners of a horse, A takes the horse out of B’s possession intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.

 

Forgery

Sec. 463 of IPC reads as follows:

Whoever makes any false document or part of a document with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Illustrations:

a.  A has a letter of credit upon B for Rs.10,000 written by Z. A in order to defraud B, adds a cipher to 10,000 and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

b.  A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase money. A commits forgery.