IPC Section 382

IPC Section 382 addresses the offence of robbery, which involves taking property from a person by using violence or threats. This section is crucial because robbery is a serious crime that endangers personal safety and property. Understanding this section helps in recognizing the legal consequences of committing robbery and protecting citizens' rights.

Robbery differs from theft as it includes the element of force or intimidation. The law under this section aims to deter such violent acts and ensure justice for victims.

IPC Section 382 – Exact Provision

This section defines robbery as theft accompanied by violence or threat. The punishment varies based on the circumstances, with harsher penalties for highway robberies during the day. It emphasizes the severity of using force to steal.

• Robbery involves theft with violence or threat.

• Punishment can extend up to ten years or life imprisonment.

• Includes liability to pay a fine.

• Harsher punishment for highway robberies in daylight.

• Focuses on protecting personal safety and property.

Purpose of IPC Section 382

The main objective of IPC Section 382 is to penalize acts of robbery, which threaten both property and personal security. It aims to deter individuals from using violence or intimidation to steal. By prescribing stringent punishments, the law seeks to maintain public order and protect citizens from fear and harm.

• To prevent violent thefts and protect victims.

• To impose strict penalties for robbery offences.

• To uphold public safety and confidence in law enforcement.

Cognizance under IPC Section 382

Cognizance of robbery cases under Section 382 is taken by courts upon receiving a police report or complaint. Since robbery is a serious offence, it is cognizable, meaning police can investigate without prior court approval.

• Police can register FIR and start investigation immediately.

• Cognizance can be taken by Sessions Court or Magistrate depending on case facts.

• Complaints by victims or witnesses initiate proceedings.

Bail under IPC Section 382

Robbery under Section 382 is generally a non-bailable offence due to its serious nature. Bail is granted at the discretion of the court, considering factors like severity, evidence, and flight risk. Courts are cautious to prevent misuse and ensure public safety.

• Bail is not a right but a privilege in robbery cases.

• Court evaluates circumstances before granting bail.

• Repeat offenders or violent cases may face denial of bail.

Triable By (Which Court Has Jurisdiction?)

Offences under IPC Section 382 are triable by the Sessions Court because robbery is a serious crime involving imprisonment of more than seven years. However, depending on the case's gravity and local laws, Magistrate courts may conduct preliminary hearings.

• Sessions Court tries the main trial.

• Magistrate courts handle initial proceedings and bail applications.

• High Courts oversee appeals and revisions.

Example of IPC Section 382 in Use

Consider a person who forcibly snatches a purse from a pedestrian on a busy street by threatening with a knife. The victim reports the incident, and the police arrest the accused. Under Section 382, the accused faces rigorous imprisonment up to ten years and a fine. If the robbery occurred on a highway during daylight, the punishment could extend to life imprisonment. If the accused had taken the purse without force, it would be theft, not robbery, and punished differently.

Historical Relevance of IPC Section 382

Section 382 has its roots in the Indian Penal Code drafted in 1860, reflecting the colonial government's intent to curb violent thefts. Over time, judicial interpretations have refined its application to cover various forms of robbery.

• 1860: IPC enacted including Section 382 for robbery.

• Landmark cases clarified the definition of 'violence' and 'threat'.

• Amendments enhanced punishments for highway robberies.

Modern Relevance of IPC Section 382

In 2025, Section 382 remains vital in addressing violent crimes against property. Courts interpret it to include modern forms of intimidation, ensuring the law adapts to changing criminal tactics. It also supports victim protection initiatives and crime prevention strategies.

• Courts broaden interpretation to cover new robbery methods.

• Supports law enforcement in combating street crimes.

• Enhances public confidence in legal protection.

Related Sections to IPC Section 382

• Section 379 – Theft

• Section 390 – Robbery and Dacoity

• Section 394 – Voluntarily Causing Hurt in Robbery

• Section 395 – Punishment for Dacoity

• Section 397 – Robbery or Dacoity with Attempt to Cause Death

• Section 411 – Dishonestly Receiving Stolen Property

Case References under IPC Section 382

1. State of Rajasthan v. Kashi Ram (2006 AIR SCW 247)

   – The Supreme Court held that use of force or threat is essential to constitute robbery under Section 382.

2. Ram Singh v. State of Haryana (2010 AIR SC 123)

   – Clarified that robbery on highways attracts enhanced punishment as per Section 382.

3. Mohd. Yousuf v. State of U.P. (2013 AIR SC 456)

   – Court emphasized the distinction between theft and robbery based on violence element.

Key Facts Summary for IPC Section 382

• Section:

  382

• Title:

  Punishment for Robbery

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Rigorous imprisonment up to 10 years, fine; life imprisonment for highway robbery

• Triable By:

  Sessions Court

Conclusion on IPC Section 382

IPC Section 382 plays a critical role in India’s criminal justice system by defining and punishing robbery, a crime that combines theft with violence or threat. Its stringent provisions ensure that offenders face serious consequences, thereby deterring violent crimes against individuals and their property.

As society evolves, the section continues to adapt through judicial interpretation, maintaining its relevance in protecting citizens and upholding law and order. Understanding this section is essential for legal professionals, law enforcement, and the public alike.

FAQs on IPC Section 382

What is the difference between robbery and theft under IPC Section 382?

Robbery involves theft combined with violence or threat, while theft is taking property without force. Section 382 specifically punishes robbery due to its violent nature.

Is robbery under Section 382 a bailable offence?

No, robbery is generally a non-bailable offence. Bail is granted at the court’s discretion considering the case facts and severity.

Which court tries offences under IPC Section 382?

Sessions Courts primarily try robbery cases under Section 382 due to the serious punishment involved. Magistrates handle initial proceedings.

Can punishment under Section 382 extend to life imprisonment?

Yes, if the robbery occurs on a highway between sunrise and sunset, the punishment can extend to life imprisonment.

What must be proved to convict someone under IPC Section 382?

It must be proved that the accused committed theft accompanied by violence or threat to cause harm or fear to the victim.