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extorted the purse from 2, by causing 2 to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.

(d) A obtains property from 2 by saying— Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees.' This is extortion, and punishable as such : but it is not robbery, unless Z is put in fear of the instant death of his child'.

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391. When five or more persons conjointly commit or Dacoity. attempt to commit a robbery, or where the whole number of persons conjointly committing 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.'

392. Whoever commits robbery shall be punished with Punishrigorous imprisonment for a term which may extend to ten ment for

robbery. years, and shall also be liable to fine; and if the robbery be committed on the highway 3 between sunset and sunrise 4, the imprisonment may be extended to fourteen years 5.

393. Whoever attempts to commit robbery shall be punished Attempt with rigorous imprisonment for a term which may extend to

to commit seven years, and shall also be liable to fine 5.

394. If any person, in committing or in attempting to Voluntarcommit robbery, voluntarily causes hurt®, such person, and any hurt in

ily causing other person jointly concerned ? in committing or attempting committo commit such robbery, shall be punished with transportation bery.

ting robo for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine 5.

robbery.

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1 A snatches at a sword while it * This no doubt means ' after sunis hanging at Z's side, whereupon set and before sunrise,' as in sec. 2 seizes the scabbard. A struggle 444 ensues between them in which A 3 And see the Whipping Act, sec. 4, draws the sword and takes it away. supra, p. 106. As the offence defined Here A has committed theft but not in sec, 391 is included in sec. 394, a robbery, for he has not caused or at- prisoner who has committed both tempted to cause death, hurt, wrong- offences as part of the same transacfal restraint or fear. In England his tion should be sentenced under sec. crime would have been robbery ; 2

394 only, 2 Suth. Cr. 1. Russ. 901, cited by Mayne, P. C. As to the duty of the public to give

‘robbery' (sec. 390), not house- information of offences punishable breaking by night or any other such under secs. 392–399 and 402, see Crim. offence, Suth. 1864, Cr. 39.

P. C. sec. 44. Any road, street, path etc. in public use, M. & M. 353-4.

9

6 Sec. 321.
? Secs. 34, 37, 114.

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Punish 395. Whoever commits dacoity shall be punished with ment for dacoity.

transportation for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable

to fine Dacoity 396. If any one of five or more persons, who are conwith murder. jointly committing dacoity, commits murder 3 in so committing

dacoity, every one of those persons shall be punished with death, or transportation for life, or rigorous imprisonment for a term which may extend to ten years, and shall also

be liable to fine 4. Robbery 397. If, at the time of committing robbery or dacoity, the or dacoity,

offender uses any deadly weapon, or causes grievous hurt • to tempt to

any person, or attempts to cause death or grievous hurt to cause death or grievous any person, the imprisonment with which such offender shall hurt.

be punished shall not be less than seven years. Attempt to 398. If, at the time of attempting to commit robbery or commit robbery

dacoity, the offender is armed with any deadly weapon, the when arm. imprisonment with which such offender shall be punished shall deadly

not be less than seven years. weapon. Making 399. Whoever makes any preparation ? for committing prepara- dacoity 8, shall be punished with rigorous imprisonment for a

term which may extend to ten years, and shall also be liable dacoity.

to fine. Belonging 400. Whoever, at any time after the passing of this Acto, to gang of dacoits. shall belong to a gang of persons associated for the purpose of

habitually committing dacoity, shall be punished with transportation for life, or with rigorous imprisonment for a term

commit

s Sec. 320.

i not more, 6 Suth. Cr. 88, col. 2.

2 When a body of men attack and
plunder a house, the mere fact that
the proprietor's family escaped a few
minutes before the dacoits forced an
entrance does not take the offence out
of the purview of sec. 395 ; 7 Suth.
Cr. 35 (misprinted 53).
A sentence of fine only under sec.

is illegal, 6 Suth. Cr. 54.

with murder under sec. 396, Suth., 1864, Cr. 30.

• The liability to enhanced punish. ment is limited to the offender who actually used etc., or caused etc., or attempted etc., Mad. H. C. Ruling, cited Mayne, P. C., p. 332.

? Such as collecting men, arms, provisions.

Not necessarily any particular dacoity.

393

9 6th Oct. 1860. Here, as in secs. 311, 401, 402, the Code operates retrospectively.

Sec. 300.

A person who unintentionally commits murder in a dacoity may be punished under this section ; but he cannot be separately convicted of murder under sec. 302, and dacoity

which may extend to ten years, and shall also be liable to fine.

401. Whoever, at any time after the passing of this Act 1, Belonging shall belong to any wandering or other gang of persons ing gang

to wanderassociated for the purpose of habitually committing theft or of thieves. robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine 2. 402. Whoever, at any time after the passing of this Act?,

Assemshall be one of five or more persons assembled for the purpose purpose of

bling for of committing dacoity, shall be punished with rigorous im- committing

dacoity. prisonment for a term which may extend to seven years, and shall also be liable to fine.

Of Criminal Misappropriation of Property. 403. Whoever dishonestly 3 misappropriates or converts to Dishonest his own use any moveable property", shall be punished with misappro

priation of imprisonment of either description for a term which may moveable

property. extend to two years, or with fine, or with both 5.

Illustrations. (a) A takes property belonging to Z out of Z's possession, in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

(6) A, being on friendly terms with 2, goes into Z's library in Zs absence, and takes away a book without Z's express consent. Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

(c) A and B being joint owners of a horse, A takes the horse 16th Oct. 1860.

change of intention or from some 6 Mad. H, C. 120.

knowledge which the possessor had
not previously the retention becomes

fraudulent, 2 N. W. P.475: 3 N. W.
* The mere fact that the pro-
secutor gave the accused time to A charge under sec. 403 should
make out his accounts and pay the specify the person to whom the pro-
balance dae does not vitiate a convic- perty belonged, 14 Suth. Cr. 13.
tion under this section, 5 Suth. Cr. 56. Where it is doubtful on the evidence
Criminal misappropriation takes place whether the offence is theft, criminal
when the possession has been inno- misappropriation, or criminal breach
cently come by, but by a subsequent of trust, sec. 72 applies.

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Sec. 24.

• Sec. 22.

P. 30.

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out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.

Explanation 1.-A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.

Tlustration. A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to 2, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section?

Explanation 2.--A person who finds property not in the possession of any other person ?, and takes such property for the purpose of protecting it for, or of restoring it to the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offen ce above defined if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner, and has kept the property a reasonable time to enable the owner to claim it.

What are reasonable means, or what is a reasonable time in such a case, is a question of fact.

It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it: it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.

Illustrations. (a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.

a

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Z applies to A, a railway booking-clerk, for a railway-ticket, and by mistake gives A in payment Rs. 17 in. stead of 17 pice. A discovers the mistake and for a time keeps the Rs. 17, intending to appropriate them ; but upon an enquiry being made, returns them to Z. A has committed an offence under this section, 2 N.

As, for example, property wilfully relinquished by the owner, property hidden by the owner since dead when the secret of the hiding-place has perished ; property which the owner knows not where to find, M. & M. 361. As to treasure trove, see Act VI of 1878.

3 Sec. 52.

W. P. 475.

(6) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.

(c) A finds a cheque payable to bearer. He can form .no conjectute as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section,

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

(F) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.

death.

404. Whoever dishonestly 1 misappropriates or converts to Dishonest his own use property ?, knowing that such property was in the misappro

of possession of a deceased person at the time of that person's property, decease, and has not since been in the possession of any person by deceased

possessed legally entitled to such possession, shall be punished with at time of imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

Illustration. Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

Of Criminal Breach of Trust. 405. Whoever, being in any manner entrusted with Criminal

breach of property, or with any dominion over property, dishonestly 3

trust de

fined. nitions (secs. 24, 23) of dishonestly, This does not include immove- 'wrongful gain,' and 'wrongful loss.' able property, 6 Bom. H.C., Cr. Ca. 33. Where the pledgee of a turban wore

? Bom. H. C. 133. See the defi- it, and thus caused its deterioration,

1 Sec. 24

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