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Internship Uncategorized

Internships

Hello Readers, We welcome you to the “Legal Internships” page of Law Times Journal. Here we try to collect and share information about all the Internships available in the Legal Sector. We wish All the Best for your Career.

Please Contribute Information– The purpose of this page is to provide information about all the Internship Opportunities available in the legal sector. So that our fellow college students do not have trouble searching anything around. You can also support us in this cause by informing us about any relevant internship information so we can add the same on this page. Hoping you and we can help in someone’s career. To submit any internship information please email us at publish@lawtimesjournal.in with the subject title “Internship Information”

DATED- 8 AUG 2020

Tara Foundation is a non-profit organization working with marginalized
and socially excluded communities on access to quality education,
strengthening and promoting community-based organizations, youth
leadership and development, women and girl’s empowerment and
transgender community.

After the successful launch of our NGO, we are looking for a profile of *EDITORS*

Eligibility- Open to all courses and batches.

Place of work- Work from home.

Duration- 6 months

Perks-
1. Certificate
2. Letter of Recommendation (performance-based)

How to apply?
Send your resume along with your work samples at tarafoundation12@gmail.com

Deadline- 15th August, 2020; 11:59 PM

For further queries contact:
Naina Bhargava
9411111720
Ayush Kaushik
9711503033

Image download

DATED- 7 AUG 2020

Internship Opportunity at Bathiya Legal, Bengaluru

Click the download button to find the detailed document. Download

Vacancy for an intern at S. K. Agarwal & Associates.
It is a litigation firm.

Any interested candidate can mail their CV along with a cover letter to shikha@skaalegal.com

They must mention the desired period of internship in the subject itself.

DATED- 6 AUG 2020

Internship Opportunity: Research and Advocacy Internship at MASUM, Hooghly

Click the download button to find the detailed document. Download

Online Internship Opportunity at Law Yog: Apply by August 15

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DATED- 5 AUG 2020

The post is of ‘Editor’ of The Philomath Blog. You will manage a small group of interns who will write the content for the blog

Click the download button to find the detailed document. Download

Think India Bihar invites students of UG/PG and research scholars from any field for a research-based internship.

Click the download button to find the detailed document. Download

DATED- 3 AUG 2020

Internship Opportunity for law students with law firm Kay Legal & Associates LLP (Virtual Internship) – 28 Days.

Joining is on an immediate basis for 2 interns. Candidate with basic knowledge in Corporate Field can apply only.

Interested candidates may send their updated resumes on internship@kaylegal.in

Selected candidates will be given a call back from the HR department to discuss further.

DISCLAIMER: We collect information solely for the welfare of the public from different portals such as Jobs Groups and pages on Facebook / Watsapp / Telegram etc. and also, we refer to websites such as Naukri.com, Internshala and many more. We try to ensure that the information we post is accurate, however, despite our best efforts, some of the content may contain errors.  We do not own any responsibility or liability in case of fraud or misrepresentation. Before applying please conduct a thorough check about the information and organization, we do not have any guarantee for any information. All information on this page will get deleted within 15 days, from the day of publication to keep the website page loading speed unharmed.

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Uncategorized

Delhi Government introduces “Emergency Parole” by amending Prison Rules

Prime Minister of India Narendra Modi on Tuesday has imposed a nation lockdown for 21 days. Chief Minister of Delhi Arvind Kejriwal had taken an initiative to amend their prison rules, and introduced “emergency parole”.

Brief Facts

In order to the Supreme Court’s order for all the states to take actions to decongest prisons, Chief Minister of Delhi Arvind Kejriwal has took an initiative to amend their prison rules to let the eligible prisoners go on parole to decongest the prisons. A plea by the Delhi Government was put before the High Court headed by Hon’ble Justice Hima Kohli was hearing the plea put forth. The plea says “… the corona virus is spreading at a very fast rate and if a proper precaution is not taken, then many more fatalities may occur. That the prisons in Delhi are already overcrowded and a single case of ”coronavirus” can affect the entire population of the prison – inmates and the staff – both. That the Government and Courts, both within and outside the country, have taken measures to prevent crowding to avoid the spread of ”corona”[i].

Key Points

1. In order to control the spread of the pandemic the Delhi Government headed by the Chief Minister Arvind Kejriwal has introduced “emergency parole” by amending their prison rules.

2. The new emergency parole will be extended with a period of eight weeks, including the period already mentioned.

3. The plea has been filed with the High Court of Delhi by the Delhi Government.

4. The emergency parole is majorly focused to decongest prisons.

5. The petition also seeks release of Inmates who are above the age fifty, medically unfit, or any petty or minor offence case.

6. A statement made by the Delhi Home Department says “In the wake of emergent situations like threat of epidemic, natural disaster or any other similar circumstances which warrant immediate easing of population of inmates in the prison, and in order to secure the interest of inmates, the prison administration, and the society at large, the Government may grant up to eight weeks parole in one spell in addition to the regular parole as provided in these Rules[ii].”

Conclusion

In order to the 21 day lockdown of the nation, there might be many cases coming up. As ordered by the Supreme Court to decongest the prisons the Delhi Government introduced “emergency parole”. The State is also making sure to keep all the public places be sanitised and is taking this pandemic seriously, as the Number of virus cases in India has increases to 562. 

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

End Notes

[i] Outlook, “Delhi Govt Amends Prison Rules, Introduces Emergency Parole” (https://www.outlookindia.com/March 25, 2020) <https://www.outlookindia.com/newsscroll/delhi-govt-amends-prison-rules-introduces-emergency-parole/1779498> accessed March 25, 2020

[ii] Outlook, “Delhi Govt Amends Prison Rules, Introduces Emergency Parole” (https://www.outlookindia.com/March 25, 2020) <https://www.outlookindia.com/newsscroll/delhi-govt-amends-prison-rules-introduces-emergency-parole/1779498> accessed March 25, 2020

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Uncategorized

SC accepts Centre’s proposal to take over management control of Unitech

A bench headed by Justice DY Chandrachud gave two months to the new board of Unitech to prepare the resolution framework of the company and sought its report. The bench, also comprising Justice MR Shah, granted 2-month moratorium to the new board from any legal proceedings against the company’s management.

Prior Facts:

The Centre had on January 18, 2020 told the apex court that it is agreeable to revisit its 2017 proposal to take over the management control of Unitech Ltd and complete its stalled projects for providing relief to around 12,000 hassled homebuyers. The Centre, in its six-page note submitted to the court, had said it is prepared to revisit its proposal of December 2017, to remove the existing management of Unitech Ltd and appoint 10 nominee directors of the government. The Centre had however said it would not infuse any funds for completion of pending projects of the company. It said the court should direct a moratorium for 12 months. In 2017, the Centre had moved the National Company Law Tribunal (NCLT) seeking suspension of the current directors and taking of control of the management of Unitech Ltd but had later withdrawn the proposal after a stay on its move from the apex court. In 2018, the apex court had directed a forensic audit of Unitech Ltd and its sister concerns and subsidiaries by Samir Paranjpe, Partner, Forensic and Investigation Services in M/s Grant Thornton India. The forensic auditors have also submitted their report which said that Unitech Ltd received around Rs 14,270 crore from 29,800 homebuyers mostly in 2006-2014 and around Rs 1,805 crore from six financial institutions for the construction of 74 projects. The audit revealed that around Rs 5,063 crore of homebuyers’ money and around Rs 763 crore of fund received from financial institutions were not utilised by the company and high value investments were made off-shore tax-haven countries between 2007-2010.The top court ordered investigation into the omission and commission of promoters of Unitech Ltd under Prevention of Money Laundering Act (PMLA).

Key Features:

  • In a respite to over 12,000 hassled homebuyers of Unitech Ltd, the Court allowed the Centre to take total management control of the embattled realty firm and appoint a new board of nominee directors.
  • The top court approved the name of retired Haryana cadre IAS officer Yudvir Singh Malik as chairman and managing director (CMD) of the new board and directed that the existing board of directors of the company would stand superseded.
  • It also refused to appoint Unitech Group founder Ramesh Chandra, as a member of the new board saying that it would not be appropriate at this stage.
  • It also approved the names of members of the board which include A K Mittal, ex-CMD of National Buildings Construction Corporation (NBCC); Renu Sud Karnad, Chairman of HDFC Credila Finance Service Pvt Ltd; Jitu Virwani, CMD of Embassy Group; and Niranjan Hiranandani, Managing Director of Mumbai-based Hiranandani Group.
  • The top court ordered that existing management board of Unitech would stand superseded with the new board of directors taking charge.
  • The bench however refused to agree with the contention of Senior advocate Kapil Sibal, appearing for existing management of Unitech, said that Ramesh Chandra and an accountant should be allowed to be appointed on the new board of the company as it would be of immense help to the homebuyers due to his experience and said that to avoid any misunderstanding, it would not be appropriate to appoint any member of the existing board on the new one.
  • The bench clarified that the newly constituted board can take any commercial decision in the interest of homebuyers and with regard to any pending projects.
  • The top court also directed the present management of the company, forensic auditors, asset reconstruction companies, banks and financial institutions and state governments to extend cooperation to the new board.

Judgement:

A bench headed by Justice DY Chandrachud gave two months to the new board of Unitech to prepare the resolution framework of the company and sought its report. The bench, also comprising Justice MR Shah, granted 2-month moratorium to the new board from any legal proceedings against the company’s management. It said the Board will appoint a retired apex court judge to monitor the preparation of resolution framework by the Board. The bench also observed that the idea of a professional board is to allow them to take control of the company and complete the pending projects in the interest of homebuyers. It said however that investigating agencies probing irregularities in the company would continue their work. It said the committee headed by Justice S N Dhingra, which was appointed to sell the company’s assets and use the money in completion of pending projects, would continue to work till the new board comes up with a resolution framework.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

Categories
BLAWG Uncategorized

What Is the Purpose of a Probate and How Is It Different from a general Will?

“Where there is a will, there is a lawsuit” is a saying on a lighter note often heard in the Courts and among legal practitioners. Will is a translation of the Latin word “Voluntas”, which was a term used in the text of Roman Law to express the intention of a testator. It is of significance that the abstract term has now come to mean that document in which the intention is contained.[i] A will is otherwise known as a testament. The word ‘testament; is derived from the Latin term “Testatio mentis” which ‘testifies the determination of the mind’. Probate, on the other hand, is a grant given by the appropriate Court that serves as conclusive evidence that there are no suspicious circumstances surrounding the will and that the will was duly executed and attested.

Legal Definition

The concepts of will and probate are governed by the Indian Succession Act, 1925. As per S.2(f) of the Act ‘probate’ means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. As per S.2(h) of the Act ‘will’ means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

Concept of Will

From the definition under the Act it can be deduced that the contents and chief characteristic features of a will are:

1. There must be legal declaration of the intention of the testator.

2. The declaration must be with respect to the property of the testator.

3. The declaration could be effective and operative only from ‘after’ the death of the testator.

4. The testator has the liberty to revoke the will at anytime during his life time.

As per the Indian Succession Act, there are two kinds of wills – the privileged will and unprivileged will. Privileged wills are only for soldiers and mariners, whereas unprivileged wills are the ordinary wills executed by the others. An unprivileged will, hereinafter referred generally as ‘will’, should be executed and attested as per the Act.

S.63, clauses (a) and (b) deal with the execution of a will.

1. The will must be in writing.

2. The testator should sign or affix his mark to the Will or it should be signed by some other person in his presence and by his direction. The signature or mark should be so fixed that it shall appear that it was intended thereby to give effect to the writing as a Will.

S.63, clause (c) deals with the attestation of a will.

1. The will should be attested by two or more witnesses, each of whom has seen the testator or the other person sign or affix the mark, as the case may be OR has received any personal acknowledgement from the testator himself.

2. Each of the attesting witnesses must sign the will in the presence of the testator.

3. All the witnesses must be present at the same time.

Another important aspect is the capacity of a person to make a will. A conjoint reading of Ss.59 and 61 of the Act together lay down that –

1. The testator must be a person of sound mind.

2. The testator must be a major.

3. The testator must have been in a free state of mind i.e., he/she must not have been induced by any fraud, coercion or compulsion to make the will.

Further, it is also settled law that a will need not be registered. In majority of the cases, wills are not registered. Drawing inference against the genuineness on mere grounds of non-registration of will is wholly unwarranted.[ii]

Concept of Probate

The Indian Succession Act, 1925 is a self contained code insofar as the question of making an application for probate, grant or refusal of probate or an appeal carried against the decision of the probate Court. The probate proceedings shall be conducted as per the manner provided in the Act and in no other way.[iii] Part IX of the Indian Succession Act deals with Probate, Letters of Administration and Administration of the assets of the deceased.

The effect of probate of a Will is that, when granted it establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such.[iv] Probate will be granted only to an executor appointed by the will, where such appointment may be express or implied.[v] Probate cannot be granted to any person who is a minor or is of unsound mind or to an association of persons.[vi]

A probate court cannot go into the question of title and it is a function of the probate court to see in the probate proceedings whether the Will has been duly executed, whether the testator at the relevant time was in a sound and disposing state of mind and whether the testator had understood the nature and effect of such disposition and put his signature and/or mark to the document at his free will and volition. The question whether a particular bequest is good or bad is not within the purview of the Probate Court.[vii] It is also settled law that a probate court cannot go into the contents of the will, even with the consent of the parties.[viii]

A probate granted by a competent court is conclusive of the validity of such will until it is revoked and no evidence can be admitted to impeach it except in a proceeding taken for revoking the probate. A decision of the probate court would be a judgment in rem which would not only be binding on the parties to the probate proceedings but would be binding on the whole world. Therefore, a solemn duty is cast on the probate court.[ix]

Is Probate Mandatory?

Part VI of the Indian Succession Act, 1925 deals with Testamentary Succession. The applicability of the Part in general is governed by S.57 of the Act. The provisions of Part VI apply to –

(a) To all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and

(b) To all such wills and codicils made outside those territories and limits insofar as it relates to immoveable property situate within those territories or limits,

Hence, probate is mandatory only if the will or codicil has been made in any of the three Presidency towns or if the property is situated therein. Else, probate is optional.

Application for Probate

An application for probate or for letters of administration is to be filed u/S.276 of the Act. Probate is to be granted only if an executor is appointed under the Will. Otherwise, the request should be one for the grant of letters of administration.[x]

An application for Probate or for Letters of Administration has to be made under S.276:

1. By producing

2. The Original Will (or)

3. In exceptional cases as provided under Ss.237 – 239, a copy of the Will

4. Annexing a statement containing –

5. the time of the testators death,

6. that the writing annexed is his last will and testament,

7. that it was duly executed,

8. the amount of assets which are likely to come to the petitioner’s hands, and

9. When the application is for probate, that the petitioner is the executor named in the will.

After the application has been made, the court having competent jurisdiction takes up the matter and issues notice to the nearest heirs and kin of the deceased. A consent affidavit may be filed by the relatives if they agree with the contents and mode of execution and attestation of the will. If not, a Testamentary Original Suit is filed. Sometimes, a Caveat against the grant of probate may also be lodged by the kindred. In such cases, the caveat proceedings are completed. If it is found that granting the probate would do justice to the intention of the testator, then the probate is granted under the seal of the competent court. A probate shall be granted only after the expiry of seven days from the date of death of the testator.[xi]

Conclusion

From the above discussion, it can be easily understood that a will is an instrument that expresses the intention of the testator whereas a probate is a Court proceeding that authenticates the contents, mode of execution and attestation of a will. Though application for Probate is not compulsory in a majority of cases, it is highly recommended to get the will probated. This ensures the due execution of the will, which to a great extent reduces the discrepancies and suspicions associated with a will.

Edited by Pragash Boopal

Approved & Published – Sakshi Raje

Reference

[i] Uma Devi Nambiar v. TC Sidhan, 2004 (2) SCC 321.

[ii] Ishwardev v. Narisingh, AIR 1954 C 280.

[iii] Chiranjitlal Shrilal Goenka v. Jasjit Singh, 1993 (2) SCC 507.

[iv] S.227, Indian Succession Act, 1925.

[v] S.222, Indian Succession Act, 1925.

[vi] S.224, Indian Succession Act, 1925.

[vii] Ishwar Narain Singh v, Smt. Kamta Devi, AIR 1954 SC 280.

[viii] Sushila bala Saha v. Saraswati Mondal, AIR 1991 Cal 166.

[ix] Rukmani Devi v. Narendra Lal Gupta, AIR 1984 SC 1866.

[x] Elsy & Ors. v. V. K. Raju & Ors., AIR 2007 Ker 235.  

[xi] S.293, Indian Succession Act, 1925.

Categories
Indian Penal Code Uncategorized

Difference between Robbery and Dacoity

These two might seem similar in common usage but, they are two distinct crimes under the Criminal Law. Now what is the actual definition of Robbery and Dacoity in terms of law? What are the criteria for a criminal act to become a robbery or a dacoity? What are the differences between robbery and dacoity? What are the punishments prescribed under the Indian Penal Code for these crimes? These questions may strike your mind when you read the title.  This blog is an attempt to cover these questions as accurately as possible.

History of Robbery and Dacoity

During ancient era Robbery and Dacoity are major crimes among the country’s. This crimes mainly occur on both land and water various people usually travel to works in different localities. The riverine area like West Bengal people use waterways travels accumulate Dacoity and robbery takes place easily and killed larger number of peoples. Riverine misdeeds in olden days are pirates would use swift boats in group of 20 to 30 paddles for Dacoity those lightweight craft can bear many people swiftly. The effort of government they eradicated the pirates and appointed the bands of organisers. At the present no trace of them can be found. Ancient period pirates commit Dacoity using the passengers boat travelling along with them like passengers. Some region a class of cruel and wicked pirates named ‘Bijanaa’ commit Dacoity on the Padma in this typical fashion even today. [2]

Pirates, the land dacoits are extremely powerful in this past region. Landlords were forced to pay annual taxes and pirates received honour like leaders from the kings. Commencement of British rule in India there power was extreme, even ancestor lands of some popular Zamindars are looted by Dacoity and given share to British. Dacoits committed Dacoity, they would rob the poor less people too and they have target conspiracy always to hunt the big landlords houses for their establishment. Their slogan was “hunt but the rhino, loot but the treasury”. Later the British rule during their course of time, dacoits were wiped out. Before committing Dacoity they will worship god Kali and sacrifice some human for victories.

During Muslim rule, Dacoity gangs have been established parallel government in many places. Muslim have established supremacy in towns and the capital of Hindustan had no powers in remote areas of the country. Zamindars and dacoits leaders ruled unchallenged, because at the rise of Marathas, jats and rajputs etc.,the Mughal empire easily collapsed. The passengers travelling in two-wheelers across highways robs by local dacoits.

Today dacoits stealing jewels and killing the people sometimes rape may occur during Dacoity. Modern dacoits at time perpetrate unspeakable indiscriminately on women and men. Dacoity good and evil have their own views, there is too much of weeping and wailing even some have looted from their working place like household works. The dacoits won‟t loose their patience during committing Dacoity. Besides some people commit Dacoity for enjoying their thrills.

Robbery

Robbery is a special and aggravated form of either theft or extortion and means felonious taking from the person of another or in his presence against his will, by violence or putting him in fear, and it becomes Dacoity when it is committed by five or more persons co-jointly.

When theft is robbery.—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.

When extortion is robbery.—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.

Illustrations [3]

(a) 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.

(b) 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.

(c) 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

Dacoity

When five or more persons co-jointly commit or attempt to commit a robbery or where the whole number of persons co-jointly committed or attempting to commit a robbery and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding is said to commit Dacoity.

In the instance case of  Poolan Devi vs state of Madhya Pradesh [4] ,Smt. Phoolan Devi was in custody since February 12, 1983 when she claims to have voluntarily surrendered in the State of Madhya Pradesh with a criminal past. On this basis it is claimed that the custody for eleven years under gone by the petitioner is sufficient to satisfy the requirement and all the prosecutions pending against her in the courts in Uttar Pradesh should be quashed. According to the petitioner there are about 55 criminal prosecutions against her in the courts in Uttar Pradesh alleging the commission of heinous offences like dacoity and murder by her.

Points of Difference between Robbery and Dacoity [6]

Robbery and Dacoity can be differentiated on the basis of various grounds;

Definition

Robbery has been defined in Section 390 of IPC and Dacoity has been defined in Section 391 of IPC.

Essential Ingredients

Essential ingredients of the offence of Robbery are as follows:

  • Committed theft as defined in Section 378
  • Offender caused or attempted to cause to some persons:
  • fear of death, or hurt or wrongful restraint,
  • fear of instant death, or of instant hurt or of instant wrongful restrain
  • Offender did such act either
  • in order to the committing of the theft
  • while committing the theft
  • In carrying away or attempting to carry away the property.

Essential ingredients of the offence of Dacoity are as follows:

  • The accused commit or attempt to commit robbery ;
  • Persons committing or attempting to commit robbery and persons present and aiding must not be less than five ;
  • All such persons should act conjointly.

Note: The word ‘conjointly’ refers to united or concerted action of five or more persons participating in the act of committing the offence. In other words, five or more persons should be concerned in the commission of the offence and they should commit or attempt to commit robbery. 

Number Of Persons

In Robbery the number of persons are less than five. It may be committed by a single person.

In Dacoity, the number of persons are five or more.

Seriousness

Robbery is less serious in nature.

Dacoity is more serious offence than robbery because of the terror caused by the presence number of offenders.

Position of Abettors

In Robbery, the abettors are liable independently.

In Dacoity abettors who are present and aiding when the crime is committed are counted in the number.

Jurisdiction of Court [6]

In case of robbery, the offence is cognizable, non-bailable, non-compoundable and triable by Magistrate of the first class.

In case of dacoity the offence is cognizable, non-bailable, non-compoundable and triable by Court of Session.

Punishment [7]

Whoever commits robbery shall be punished with rigorous imprisonment for a term which shall not be less than three years, nor more than ten years and shall also be liable to fine

Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous impris­onment for a term which may extend to ten years, and shall also be liable to fine.

In the case of Ashfaq vs State, the Supreme Court ruled that weapon with which the offender is armed is a deadly weapon within the meaning of this section, if it is within the vision of the victim and is capable of creating terror in the mind of victim. It is also sufficient to satisfy the word ‘uses’ for the purpose of section 397 IPC.

Position In Highway

If robbery is committed on the highway, the imprisonment may be extended to fourteen years.

The fact that the Dacoity is committed on the highway does not change the position or punishment. 

Conclusion    

To conclude, we can say, that the definition of robbery contemplates that an accused should from very beginning have the intention to deprive another person of the property and to achieve that end, either hurt is caused or a person is placed. Under wrongful restraint, or it must be actually found that victim was put in fear of instant death, hurt or wrongful confinement when the same offence is committed by five or more serious in nature.

Frequently Asked Questions (FAQs)

1. Burglary, dacoity, robbery and theft are all different crimes under the IPC. How do we differentiate?

Theft, Extortion, Robbery and Dacoity are offences in criminal law affecting the property of a person, defined in Sections 378 to 402 of the Indian Penal Code. Burglary, dacoity, robbery and theft are almost similar words. But on a closer look it may be found there are some difference between them.

Burglary is the intention to break into a building without any consent with the intent of committing a crime inside. Burglary can be considered as specific intention of burglar who intentionally entering to building to commit a crime. Burglary is also called breaking or entering or housebreaking. This breaking can include actions such as forcing opening a door, or constructive, such as by fraud or threats etc. Entering means either physical entry by a person or any insertion of an instrument to remove property. It is an unlawful entry into a building or any other location with an intention of committing an offence. Mostly this offence is theft, but sometimes may jurisdictions include others within the ambit of burglary.

Section 379 in The Indian Penal Code Defines Theft as:

“Whoever, intending to take dishonestly any moveable property out of the possession of any person without the consent of that person, moves that property in order to such taking, is said to committing a theft.” Punishment for theft under criminal law is whoever commits theft will be punished with an imprisonment of either described for a term which may extend to 3 years, or with fine, or with both the punishments. Theft can be considered as generic term for all the crimes in which a person intentionally takes the personal assets without the permission of owner. Theft simply means taking something from someone else with an intention to permanently deprive them of it. Frauds, Embezzlement are examples of theft.

IPC Section 395 defines “Dacoity”.

It is another form of Robbery. Difference between Robbery and Dacoity lies in the number of participants in committing the offence. In Dacoity there should be 5 or more person. Every member the gang is punished in dacoity regardless they committed a crime or not. Even if only one member in the gang committed a crime punishments is for all the members. It is more serious offence than robbery. Punishment for dacoity is Imprisonment for life or with hard imprisonment for a term which can be extend to about 10 years, and also fine.

IPC Section 390 defines “Robbery”.

In all robbery there is either theft or extortion.

When theft is robbery.—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.

When extortion is robbery.—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. Robbery involves either theft or extortion. [8]

2. Which sections of the IPC are violated if someone tries to take away another person’s property or land illegally?

Property related offences and punishments are given under sections 378 to 460 of the Indian Penal Code, 1860.The offences which are mainly recognized in the said Code are ten in number.

  • Robbery and dacoity.
  • Criminal misappropriation of property.
  • Criminal breach of trust.
  • Receiving stolen property
  • Fraudulent deed and disposition of property.
  • Criminal trespass.

It depends on the facts and the circumstances of the case that which offence has been committed and which section is being violated.

3. When is a child guilty of murder?

Sections 14(1) and (2) together with Section 17(3) of the proposed JJ bill would allow juveniles between the ages of 16 and 18 accused of committing heinous crimes such as rape and murder, or who are repeat offenders for a broader range of crimes, including robbery and dacoity, to be tried in regular courts alongside adults, rather than through the juvenile justice system. In the case of such children, the Juvenile Justice Board is to decide, based on an inquiry whether the child is to be tried under the juvenile justice system or in a regular court pursuant to the Indian Penal Code. and according to IPC no child is guilty of any offence to the age of 7 and above 7–14 his maturity level would be checked.

4. What is the logic behind the number of people difference to differentiate between Dacoity and Robbery?

When someone uses criminal force, wrongfully restrains, causes fear of death (during theft) or causes fear of instant death (during extortion), to take a property of another person, he is said to do the act of robbery. When 5 or more persons are involved in it, it’s called dacoity. So dacoity is an aggrevated form of robbery. Every person is equally liable regardless of the intensity of their involvement in dacoity.

Edited by Madonna Jephi

Approved & Published – Sakshi Raje

References

[1] Law Mantra, Robbery v. Dacoity,  http://lawmantra.co.in/robbery-v-dacoity/  ,(last visited on Feb,3, 2017)

[2] Mayank Shekhar, Robbery and Dacoity – Meaning and important provisions, https://www.legalbites.in/law-notes-ipc-robbery-and-dacoity/ , (last visited on Feb 11, 2018)

[3] K.D. Gaur, Textbook on Indian Penal Code, Fifth Edition 2014

[4] Phoolan Devi, The Bandit queen of India, Globe Pequot press, 2006

[5]Mir Imran, Difference Between Robbery and dacoity, http://imranlaw.blogspot.com/2013/11/difference-between-robbery-and-dacoity.html , (last visited on Nov 16, 2013)

[6] SRD Law Notes, Distinction / Difference between Robbery and Dacoity, https://www.srdlawnotes.com/2017/03/distinction-difference-between-robbery.html

[7] Imran, supra note 5

[8] Parul Manchanda, Burglary, dacoity, robbery and theft are all different crimes under the IPC. How do we differentiate? , https://www.quora.com/Burglary-dacoity-robbery-and-theft-are-all-different-crimes-under-the-IPC-How-do-we-differentiate , (last visited on Sep 29, 2017)