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IPC 1860REPEALED

Section 380-402

Theft in Dwelling House; Theft by Clerk; Theft After Preparation for Hurt; Extortion by Putting in Fear; Extortion by Threat of Accusation; Extortion by Threat of Death; Robbery — Attempt; Robbery with Hurt; Dacoity with Murder; Robbery with Deadly Weapon; Robbery During Preparing Dacoity; Robbery Forming Dacoity; Assembling for Dacoity; Belonging to Dacoity Gang

Replaced by: BNS BNS 186-215

Non-Bailable (serious)Cognizable: YesCourt of Session
THE STATUTE

Original Text

Section 385: Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 386: Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 394: If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, 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. Section 400: Whoever shall belong to a gang of dacoits, 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.

Simplified

Sections 380–402 complete the theft, extortion, robbery, and dacoity framework. Section 385 (putting in fear for extortion — 2 years) and Section 386 (extortion by threat of death — 10 years) create a graduated scale for extortion seriousness. Section 394 (hurt during robbery — life imprisonment) carries a severe mandatory potential for robbery that turns violent. Section 396 (dacoity with murder — death penalty/life — already covered in the main enriched file) is the apex of property crime severity. Sections 398–402 address the organised gang dimension: Section 398 (committing dacoity while armed — 7-year minimum), Section 399 (preparing to commit dacoity — 10 years), Section 400 (belonging to a dacoity gang — life), and Section 402 (assembling for dacoity — 7 years). Section 400 is particularly powerful — belonging to a dacoity gang, even without committing any specific act of robbery, carries life imprisonment based on membership alone.

Legal Evolution

Sections 380-402 address aggravated forms of theft and extortion, including theft in dwellings, theft by clerks, theft by carriers, and the transition from theft to robbery and dacoity. This carefully graduated scheme reflects the colonial government's recognition that property crimes occur across a spectrum of culpability, with location, relationship, and use of force as key aggravating factors. The provisions remain the primary framework for property crime prosecution in India despite the enactment of specialized fraud legislation.

Landmark Precedents

Phool Kumar v. Delhi Administration (1975)

AIR 1975 SC 905
RELEVANCE

Section 397's mandatory 7-year minimum for armed robbery/dacoity is non-discretionary — courts cannot reduce the sentence even in mitigating circumstances.

Practical Scenarios

"A robbery where the robber hits the victim with a rod causing a fracture — Section 394 (hurt during robbery, life imprisonment)."
"A person who joins a criminal gang that commits dacoities but has personally only driven cars — Section 400 (life imprisonment for gang membership)."

Common Queries

Yes — Section 400 (belonging to a dacoity gang) carries life imprisonment based purely on membership in a gang that commits dacoity, without requiring proof of personal participation in any specific robbery.