Key Differences: Theft and Robbery

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Introduction

Theft and robbery are two terms that often sound similar to a layman but are distinct offences with fundamental differences. These terms often lead to confusion regarding their legal implications and definitions. Although both criminal offences involve the unlawful acquisition of someone’s property, they are different. Initially, the right to property was a fundamental right but was made a legal right under Article 300(A) of the Constitution of India. Theft and robbery are offences against property that are governed under the provisions of the Indian Penal Code, 1860. In December 2023, the Ministry of Home Affairs introduced three new criminal laws to replace the colonial-era ones. Bharatiya Nyaya Sanhita, 2023, was introduced to replace the Indian Penal Code, 1860, therefore, in this article, we will delve into provisions related to theft and robbery in the Bharatiya Nyaya Sanhita, 2023, and highlight key differences between them.

Theft

In layman’s language, theft is simply defined as taking someone’s property without their consent. According to the Merriam-Webster dictionary, the term ‘theft’ is defined as “the act of stealing” or “the felonious taking and removing of personal property with intent to deprive the rightful owner” or “an unlawful taking of property”. In the Bharatiya Nyaya Sanhita, 2023, the new criminal law, theft is defined under Section 301. It states, “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.” In case, the offender forcibly seizes or takes away any moveable property from a person then this kind of theft is defined as ‘snatching’. The same is elaborated under Section 302 of the BNS, 2023. Moreover, the BNS also illustrates punishments in case there is a theft ‘in a dwelling house, or means of transportation, or place of worship, etc.’, ‘by clerk or servant of property in possession of master’, and ‘after preparation made for causing death, hurt, or restraint in order to the committing of theft’ under Section 303, Section 304, and Section 305 respectively. The main elements of theft include the unlawful taking of the property and the intention of permanently depriving the owner of the property. 

Robbery

Robbery can be defined as an aggravated form of theft or extortion as it involves an act of taking another person’s property by force, threat, or intimidation. Before delving into the concept of robbery, let us first understand ‘what is extortion?’ Extortion is a criminal act where an individual threatens another person to possess something valuable usually money or property from another person. It is defined in detail under Section 306 of the BNS, “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, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.” In layman’s language, robbery is defined as an act of taking someone’s property using force or fear. According to Section 307 of the Bharatiya Nyaya Sanhita, 2023, “In all robbery there is either theft or extortion.” It further illustrates that

• “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.
• Extortion is ‘robbery’ if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.”

In case, a robbery is committed by an armed gang constituting five or more than 5 members then it is known as dacoity. The BNS penalizes the offence of robbery, extortion, and dacoity. Moreover, it illustrates different punishments in the cases ‘Robbery, or dacoity, with attempt to cause death or grievous hurt’, ‘Attempt to commit robbery or dacoity when armed with deadly weapons’, and ‘for belonging to a gang of robbers, dacoits, etc.’ under Section 309, Section 310, and Section 311 respectively.   

Key Differences Between Theft and Robbery

Some of the key differences between theft and robbery are mentioned below:

Provision under BNS

• Theft: Defined under Section 301 of the Bharatiya Nyaya Sanhita, 2023.
• Robbery: Defined under Section 307 of the Bharatiya Nyaya Sanhita, 2023.

Consent

• Theft: Property is taken away without the owner’s consent.
• Robbery: Property is taken away either with no consent or consent is obtained through threat, force, or intimidation.  

Property

• Theft: Committed against a movable property.
• Robbery: Committed against both movable and immovable property.

Use of Force

• Theft: Does not include any kind of use of force.
• Robbery: It uses force to possess someone’s valuable property.

Seriousness of the offence

• Theft: It is a less serious offence than robbery as it only involves crime against property.
• Robbery: A more serious offence than theft as it involves crime against property as well as a person.

Violence

• Theft: It is generally a non-violent offence.
• Robbery: It is a violent offence as it uses force against the victim.

Punishment

• Theft: Punishment for theft is defined under Section 301(2) of the BNS, which states that “Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine.” 
• Robbery: Punishment for robbery is defined under Section 307(2) of the BNS, which states that “Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.” If a person attempts to commit robbery then he/she should be punished with rigorous imprisonment for a term extending to 7 years and a fine. In case, a person while committing or attempting to commit robbery voluntarily causes grievous hurt to another person then he/she should be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to 10 years, and a fine.

Related Case Laws

• K.N. Mehra vs. State of Rajasthan (February 11, 1957)
• Pyare Lal Bhargava vs. State of Rajasthan (October 22, 1962)
• Ramratan vs. State of Bihar (September 22, 1964)
• State of Maharashtra vs. Vishwanath Tukaram Umale (August 02, 1979)
• Birla Corporation Ltd. vs. Adventz Investments and Holdings Ltd. (May 09, 2019)