Article 390 of the Indian Constitution deals with the legal definitions and distinctions surrounding the crime of robbery. It meticulously outlines the elements that transform a simple act of theft or extortion into the more severe offense of robbery. Essentially, robbery in India is defined by the presence of certain aggravating factors that significantly elevate its gravity. Specifically, theft becomes robbery when the offender, in the course of committing the theft or while carrying away stolen property, voluntarily inflicts harm, wrongful restraint, or induces fear of immediate harm or restraint upon another person. Extortion, on the other hand, escalates to robbery when it is committed in the presence of the victim, using the threat of instant death, immediate harm, or wrongful restraint, thereby compelling the victim to surrender the property demanded.
What does Article 390 states?
- 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.
- A meets Z on the high roads, shows a pistol, 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.
- 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.
Article 390 of the Indian Constitution is a crucial legal provision that clarifies the criteria for classifying criminal acts as larceny. Let’s delve deeply into its essential features:
- Robbery Defined: Article 390 of the Indian Constitution provides a comprehensive definition of larceny. It aids the judiciary and law enforcement agencies in determining whether a criminal act constitutes larceny.
- Theft as Robbery: According to this article, theft can be classified as robbery if certain conditions are met. Robbery is committed when, during the commission of larceny, the offender causes or attempts to cause death, injury, wrongful confinement, or instills fear of imminent death, injury, or confinement in another person. This means that the mere act of larceny becomes robbery when coupled with violence or the threat of violence.
- Extortion as Robbery: In a similar vein, the article discusses extortion and its transformation into robbery. If an offender commits extortion while in the presence of the victim and induces fear of instant death, imminent injury, or unlawful restraint to the victim or another person, the act constitutes robbery. This provision emphasizes the significance of immediate anxiety and the offender’s physical proximity to the victim.
- Presence of the Offender: The presence of the offender is a crucial element in both scenarios. The article specifies that the offender is present if they are close enough to the victim to cause them to fear imminent injury, death, or confinement. This highlights the significance of physical proximity in determining whether a crime is a larceny.
- Legal Clarity: Article 390 provides legal clarity and a firm foundation for the Indian legal system to differentiate between varying degrees of criminal offenses. It helps ensure that the severity of the punishment is proportional to the severity of the offense.
- Illustrations: The article could also include illustrations or examples to help legal professionals, law enforcement officers, and the general public comprehend the differences between larceny, extortion, and robbery.
Article 390 of the Indian Constitution is a crucial legal provision that defines and differentiates robbery from related crimes such as larceny and extortion. It does so by emphasizing the role of violence, dread, and the offender’s presence in transforming a criminal act into a robbery. This clarity in the legal framework aids in ensuring that those who engage in more serious criminal activities confront proportionate and appropriate legal consequences.