Matching Fragments
Theft amounts to '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. Before
theft can amount to 'robbery', the offender must have
voluntarily caused or attempted 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. The second necessary
ingredient is that this must be 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
third necessary ingredient is that the offender must voluntarily
cause or attempt to cause to any person hurt etc., for that end,
that is, in order to the committing of the theft or for the purpose
of committing theft or for carrying away or attempting to carry
away property obtained by the theft. It is not sufficient that in
the transaction of committing theft hurt etc., had been caused.
HC-NIC Page 3 of 5 Created On Sun Jan 31 01:57:48 IST 2016
R/SCR.A/7122/2015 ORDER
If hurt etc., is caused at the time of the commission of the theft
but for an object other than the one referred to in sec.390,
I.P.Code, theft would not amount to robbery. It is also not
sufficient that hurt had been caused in the course of the same
transaction as commission of the theft. The three ingredients
mentioned in sec.390, I.P.Code, must always be satisfied before
theft can amount to robbery, and this has been explained in
Bishambhar Nath v. Emperor, A.I.R. 1941 Oudh, 476, in the
following words:-
