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. (d) A obtains property from Z 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'. 391. When five or more persons conjointly commit or Dacoity. attempt to commit a robbery 2, or where the whole number of persons conjointly committing or attempting to commit a robbery 2, 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.' robbery. 392. Whoever commits robbery shall be punished with Punishrigorous imprisonment for a term which may extend to ten ment for years, and shall also be liable to fine; and if the robbery be committed on the highway 3 between sunset and sunrise, the imprisonment may be extended to fourteen years 5. to commit 393. Whoever attempts to commit robbery shall be punished Attempt with rigorous imprisonment for a term which may extend to robbery. seven years, and shall also be liable to fine 5. ting rob 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. for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine 5. This no doubt means ' after sunset and before sunrise,' as in sec. 444. And see the Whipping Act, sec. 4, supra, p. 106. As the offence defined in sec, 391 is included in sec. 394, & prisoner who has committed both offences as part of the same transaction should be sentenced under sec. 394 only, 2 Suth. Cr. 1. As to the duty of the public to give information of offences punishable under secs. 392-399 and 402, see Crim. P. C. sec. 44. • Sec. 321. 7 Secs. 34, 37, 114. Punishment for dacoity. Dacoity with murder. Robbery or dacoity, with attempt to 395. Whoever commits dacoity shall be punished with transportation for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine 2. 396. If any one of five or more persons, who are conjointly 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 1. 397. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to or grievous any person, the imprisonment with which such offender shall hurt. be punished shall not be less than seven years. cause death commit robbery Attempt to 398. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the when arm- imprisonment with which such offender shall be punished shall not be less than seven years. ed with deadly weapon. Making prepara tion to commit dacoity. Belonging to gang of dacoits. 399. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 400. Whoever, at any time after the passing of this Act, 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 which may extend to ten years, and shall also be liable to fine. to wander 401. Whoever, at any time after the passing of this Act1, Belonging shall belong to any wandering or other gang of persons ing gang associated 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 fine2. of 402. Whoever, at any time after the passing of this Act1, Assembling for shall be one of five or more persons assembled for the purpose purpose 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. priation of 403. Whoever dishonestly 3 misappropriates or converts to Dishonest his own use any moveable property, shall be punished with misapproimprisonment of either description for a term which may moveable 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. (b) A, being on friendly terms with Z, goes into Z's library in Z's 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 1 6th Oct. 1860. 6 Mad. H. C. 120. Sec. 24. ⚫ Sec. 22. The mere fact that the prosecutor gave the accused time to make out his accounts and pay the balance due does not vitiate a conviction under this section, 5 Suth. Cr. 56. Criminal misappropriation takes place when the possession has been innocently come by, but by a subsequent change of intention or from some A charge under sec. 403 should Where it is doubtful on the evidence whether the offence is theft, criminal misappropriation, or criminal breach of trust, sec. 72 applies. property. 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. Illustration. A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, 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 1. Explanation 2.-A person who finds property not in the possession of any other person 2, 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 faith3 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. 1 Z applies to A, a railway booking-clerk, for a railway-ticket, and by mistake gives A in payment Rs. 17 instead 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. W. P. 475. 2 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. (b) 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 conjecture 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 2, knowing that such property was in the misappro priation 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 property, or with any dominion over property, dishonestly 3 breach of 1 Sec. 24. This does not include immoveable property, 6 Bom. H. C., Cr. Ca. 33. 3 2 Bom. H. C. 133. See the defi nitions (secs. 24, 23) of dishonestly,' trust de fined. |