BACK TO SECTIONS(2011) 9 SCC 626
Non-BailableCognizable: CognizableCourt of Session
THE STATUTE
Original Text
In all robbery there is either theft or extortion. Theft is 'robbery' if, in order to the committing of 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.
Simplified
Section 390 defines robbery as theft (or extortion) elevated by immediate force or the threat of immediate force. The force must be connected to the theft — either to commit it, to facilitate escape, or to retain the stolen property. 'Instant' fear is key: threats of future harm are extortion; threats of immediate harm during or around a theft make it robbery. A pickpocket who is caught and threatens the victim to let him go transforms a theft into robbery at that moment.
Legal Evolution
Section 390 defines robbery as either theft or extortion accompanied by certain aggravating circumstances — voluntary causing of death, hurt, or wrongful restraint, or an attempt thereof. The definition creates a continuum from theft through robbery to dacoity, with each step requiring additional elements. Courts have consistently held that robbery requires proof of all elements of theft or extortion plus the additional circumstances, making it a compound offence requiring comprehensive evidence.
Landmark Precedents
Mahesh v. State of MP (2011)
RELEVANCE
Theft becomes robbery when force is used 'in order to' commit the theft or retain stolen property — temporal and causal connection between force and theft is essential.
Practical Scenarios
"A pickpocket who, when caught, shoves the victim and runs — theft escalates to robbery."
"A motorcyclist who grabs a woman's chain and shoves her to the ground — robbery."
Common Queries
Theft involves no force or immediate threat. Robbery is theft accompanied by force or the threat of instant force — to the victim or any other person.