Section 392 IPC Bailable or Not
🔹 Section 392 IPC – Punishment for Robbery
Text of Law:
"Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;
and if the robbery is committed on the highway between sunset and sunrise, the imprisonment may extend to fourteen years."
🔹 Key Points
| Aspect | Explanation |
|---|---|
| Offence | Robbery (as defined in Section 390 IPC – essentially aggravated theft or extortion with immediate threat of violence) |
| Punishment | Rigorous Imprisonment up to 10 years + fine (up to 14 years if on highway between sunset and sunrise) |
| Bailable or Not? | Non-bailable |
| Cognizable or Non-cognizable? | Cognizable (Police can arrest without warrant) |
| Triable By | Court of Session |
| Compoundable or Not? | Non-compoundable (cannot be settled by compromise between parties) |
🔹 Why Non-Bailable?
Robbery involves violence or threat to life/limb, making it a serious offence against person and property. Courts usually do not grant bail easily unless special circumstances exist.
🔹 Important Case Laws
Shyam Behari v. State of Uttar Pradesh (1957 AIR 320, SC)
The Supreme Court clarified the difference between theft, extortion, and robbery.
Held that the presence of immediate threat or violence converts theft/extortion into robbery.
State of Maharashtra v. Joseph Mingel Koli (1997 Cri LJ 3811, Bom HC)
Robbery on a highway at night was considered aggravated robbery under Section 392 with enhanced punishment up to 14 years.
Aparna Dutt v. State of West Bengal (2001 Cri LJ 1136, Cal HC)
Court observed that in robbery cases, bail should be granted only in rare cases due to the seriousness of the offence.
Shivappa v. State of Karnataka (1995 Cri LJ 1488, SC)
The Supreme Court held that violence or threat of instant violence is essential to prove robbery. Mere theft without such threat is not robbery under Section 392.
🔹 Summary Table
| Section | Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Triable By |
|---|---|---|---|---|---|
| 392 IPC | Robbery | RI up to 10 years + fine (14 years if on highway at night) | Cognizable | Non-bailable | Court of Session |
✅ Conclusion:
Section 392 IPC (Robbery) is a serious and non-bailable offence. Bail is not a matter of right but lies at the discretion of the Court, which considers the gravity of the crime, use of violence, and impact on society.
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