Extortion, robbery and dacoity

1. Extortion: section 308(1)

Whoever intentionally puts any person in fear of any injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, valuable security, or anything signed or sealed which may be converted into a valuable security, commits extortion (old s.383 IPC). The elements:

• intentionally putting a person in fear of injury, to himself or another;
• dishonestly inducing him, by that fear;
• to deliver property or a valuable security, or a signed or sealed paper that can become one.

“Injury” is wide: any harm illegally caused to body, mind, reputation or property (s.2(14)). A threat to publish a defamatory libel unless paid (illustration (a)), to confine Z's child unless Z signs a promissory note (illustration (b)), or to send men to plough up Z's field (illustration (c)) are all extortion. Getting Z, by fear of grievous hurt, to sign a blank paper is extortion because the paper can be converted into a valuable security (illustration (d)). The BNS adds illustration (e): a threat sent through an electronic device that Z's child will be killed unless one lakh rupees is sent.

Delivery is essential. If the victim does not deliver, the offence is only an attempt, which s.308(3) to (7) punish separately. The fear must also be the cause of the delivery; property handed over out of pity or for some other reason is not extorted.

2. Punishment: section 308(2) to (7)

• extortion, up to seven years, or fine, or both (s.308(2), old s.384);
• putting or attempting to put in fear of injury in order to commit extortion, up to two years (s.308(3), old s.385);
• putting in fear of death or grievous hurt in order to extort, up to seven years (s.308(4), old s.387); extortion by such fear, up to ten years (s.308(5), old s.386);
• fear of an accusation of an offence punishable with death, life or ten years: attempt, up to ten years (s.308(6), old s.389); extortion by it, up to ten years (s.308(7), old s.388).

3. Theft distinguished from extortion

• Consent. In theft the property is taken without the owner's consent. In extortion the owner consents and delivers, but his consent is obtained by fear.
• Fear. Fear is no part of theft. It is the essence of extortion.
• Property. Theft is of movable property only. Extortion may be of any property, including immovable property transferred by a deed, and of a valuable security or a signed paper.
• Delivery and moving. Theft is complete when the offender moves the property. Extortion is complete only when the victim delivers it.
• Who acts. In theft the offender takes. In extortion the victim hands over.

4. Robbery: section 309

“In all robbery there is either theft or extortion” (s.309(1), old s.390). The section then states when each becomes robbery.

Theft is robbery (s.309(2)) if, in order to commit the theft, or in committing it, or in carrying away or attempting to carry away the property, the offender, for that end, voluntarily causes or attempts to cause to any person death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint. A who holds Z down and takes his money and jewels commits robbery (illustration (a)). The violence must be used for the end of the theft; hurt caused after the theft is over, for an unconnected reason, does not convert it.

Extortion is robbery (s.309(3)) if the offender, at the time, is in the presence of the person put in fear, and commits the extortion by putting him in fear of instant death, hurt or wrongful restraint to that person or another, and so induces him to deliver then and there. The offender is present if he is sufficiently near to cause that fear. A showing a pistol on the highroad and demanding Z's purse is robbery (illustration (b)), and so is threatening to throw Z's child down a precipice unless Z hands over his purse (illustration (c)). A message saying “your child is with my gang and will be killed unless you send ten thousand rupees” is extortion but not robbery, because the fear is not of instant harm and the offender is not present (illustration (d)).

Punishment: rigorous imprisonment up to ten years and fine; up to fourteen years if on the highway between sunset and sunrise (s.309(4), old s.392). Attempt to commit robbery, up to seven years (s.309(5), old s.393). Voluntarily causing hurt in committing or attempting robbery: the person causing it and every other person jointly concerned, life or up to ten years (s.309(6), old s.394).

5. Extortion distinguished from robbery

• In extortion the fear may be of any injury, present or future. In robbery by extortion it must be fear of instant death, hurt or wrongful restraint.
• In extortion the offender may be absent and the threat may be sent by letter or phone. In robbery he must be present.
• In extortion delivery may follow later. In robbery it must be then and there.

6. Dacoity: section 310

When five or more persons conjointly commit or attempt to commit a robbery, or where the persons committing or attempting it together with those present and aiding number five or more, every person so committing, attempting or aiding commits dacoity (s.310(1), old s.391). The look-out man standing at the door counts towards the five.

• Dacoity: life, or rigorous imprisonment up to ten years, and fine (s.310(2), old s.395).
• Dacoity with murder: if any one of the five or more commits murder in so committing dacoity, every one of them is punishable with death, life, or rigorous imprisonment of not less than ten years (s.310(3), old s.396). The minimum of ten years is new; the IPC said “may extend to ten years”. No common intention to kill need be proved; it is enough that the murder was committed in the course of the dacoity.
• Preparation for dacoity, up to ten years (s.310(4), old s.399); assembling for dacoity, up to seven (s.310(5), old s.402); belonging to a gang of habitual dacoits, life or up to ten (s.310(6), old s.400).

Where some of the accused are acquitted and fewer than five remain, a conviction for dacoity can stand only if the evidence shows that others, unidentified or absconding, took part and the total was five or more.

7. Minimum sentences: sections 311 to 313

• s.311 (old s.397): if, at the time of robbery or dacoity, the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt, imprisonment of not less than seven years.
• s.312 (old s.398): if, at the time of attempting robbery or dacoity, the offender is armed with a deadly weapon, not less than seven years.
• s.313 (old s.401): belonging to a gang, other than a gang of dacoits, associated in habitually committing theft or robbery, rigorous imprisonment up to seven years.

Section 311 applies only to the offender who himself uses the weapon or causes the hurt; it is not constructive. Contrast s.309(6) and s.310(3), which reach every person jointly concerned.

8. Problem

Four men stop a car at night on a highway. One shows a knife; the driver hands over his wallet. A fifth man waits nearby on a motorcycle to help them escape. As they leave, one of the four stabs the driver, who dies.

Issue. Is this robbery or dacoity, and are all five liable for the death?

Law. Extortion becomes robbery when, in the victim's presence, he is put in fear of instant hurt and delivers then and there (s.309(3)). Robbery by five or more, counting those present and aiding, is dacoity (s.310(1)). Murder by one in committing dacoity makes all liable under s.310(3).

Application. Showing the knife put the driver in fear of instant hurt and he handed over the wallet then and there: robbery. The motorcyclist was present nearby and aiding the commission and escape, so the number is five. The stabbing happened while carrying the property away, in the course of the dacoity.

Conclusion. All five are guilty of dacoity with murder under s.310(3), with a minimum of ten years' rigorous imprisonment. The man who used the knife also falls under s.311. The highway-at-night aggravation in s.309(4) is absorbed in the heavier offence.

How this is examined

January 2026 asked “What is theft and how does it differ from extortion?” for 10 marks; use section 3 above with the theft definition. Other regular questions: “When does theft or extortion amount to robbery?” and “Distinguish robbery and dacoity.” Quote s.309(2) and (3) with illustrations (b) and (d), then s.310 and the new ten-year minimum for dacoity with murder.