Question
Consider the following statements regarding robbery
under Section 390 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Robbery is theft accompanied by causing or attempting to cause death, hurt, wrongful restraint, or wrongful confinement. Statement 2: Robbery includes putting or attempting to put any person in fear of instant death, hurt, or wrongful restraint. Statement 3: Robbery requires that the offender must have directly caused hurt to the victim during the act of theft. Statement 4: The force or threat of force must be used in order to commit theft or in the course of committing theft. Which statements are correct?Solution
Section 390 of BNS, 2023 defines robbery as theft where "in order to the committing of theft, or in committing theft, or in carrying away or attempting to carry away property obtained by theft, the offender...voluntarily causes or attempts to cause to any person death, or hurt...or puts or attempts to put any person in fear of instant death, hurt..." Statement 1 is correct—force or threat is essential. Statement 2 is correct—fear of injury is included. Statement 3 is incorrect—the section says "attempts to cause" or "puts in fear"; direct causing of hurt is not mandatory. Statement 4 is correct—the force/threat must be "in order to the committing of theft" or in its commission. Statements 1, 2, and 4 are correct.
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