Section 296 - Robbery defined.

(I) In all robbery there is either theft or extortion.

(2) Theft is robbery if, in order to commit the theft or in committing the theft or in carrying away or attempting to carry away property obtained by the theft, the offender for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or of instant wrongful restraint.

Explanation

The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt or of instant wrongful restraint.

Illustration

(a) A holds Z down and takes Z's money and jewels from Z's clothes without Z's consent. Here A has committed theft and in order to commit that theft has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

(b) A meets Z on the road, shows a pistol and demands Z's purse. Z in consequence surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt and being at the time of committing the extortion in his presence. A has therefore committed robbery.

(c) A meets Z and Z' s child on the river bank. A takes the child and threatens to fling it into the river, unless Z delivers his purse. Z in consequence delivers his purse. Here A has 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 fifty pounds". 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.