Examveda

X dishonestly took away a jewellery box from Y's possession. While he was proceeding towards his home he found that he was being followed by Y. He abandoned the box and threw stones at Y to deter him from continuing the pursuit. X has committed:

A. No offence

B. Extortion

C. Theft

D. Robbery

Answer: Option D

Solution (By Examveda Team)

First, let's define the key legal terms involved.
Theft (Section 378 IPC): Theft is the dishonest removal of movable property from the possession of another person without that person's consent, with the intention of permanently depriving the owner of the property.
Extortion (Section 383 IPC): Extortion involves putting a person in fear of injury in order to induce them to give up property.
Robbery (Section 390 IPC): Robbery is theft involving the use or threat of force in order to commit the theft, or to prevent resistance to the theft.
Correct Answer: D - Robbery
X's actions constitute robbery. He initially committed theft by dishonestly taking away the jewellery box (satisfying the elements of theft). However, his subsequent actions of throwing stones at Y to deter him from following clearly demonstrate the use of force to prevent resistance to the theft. This additional element of force transforms the theft into robbery, as defined under Section 390 of the Indian Penal Code.
Why other options are incorrect:
Option A (No offence): This is incorrect because X clearly committed the crime of theft initially, and then added the element of force, escalating the crime to robbery.
Option B (Extortion): Extortion requires inducing someone to give up property through fear. While X used force to deter Y, he wasn't attempting to make Y give up anything further; he had already taken the box. The force was used to prevent recovery, not to obtain something.
Option C (Theft): While the initial act was theft, the subsequent use of force elevates the offence to robbery. The simple theft is subsumed within the more serious charge of robbery.

This Question Belongs to Law >> Indian Penal Code

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  1. तूफान 78
    तूफान 78:
    1 year ago

    Why

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