Law Info Nepal

4 Looting (Robbery) and Its Family

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

Looting (robbery), by the Code's scheme: looting is theft ripened by force — theft in which the offender, in order to the taking or the carrying away, voluntarily causes or attempts to cause death or hurt, or wrongfully restrains any person; and its twin form — extortion ripened into robbery: where the threat is of instant death/hurt/forceful restraint and the property is delivered then and there (the highwayman's alternative). The three ingredients to state: theft/extortion + force or threat of instant force + the causal purpose (the force serving the taking or carrying away).

The family's grading:

1. Looting (robbery) — the individual violent taker;

2. Dakaiti (dacoity) — looting committed by a gang (the statutorily-defined number acting conjointly — the gang's organized danger); attempted dacoity itself punishable (the preparation-conspiracy of Unit 5, Criminal Law-I, made offence);

3. Extortion (the non-violent threat: delivery induced by fear of future injury — the blackmail structure) — the family's least grave, looting's stepping-stone;

4. Aggravations: with weapons, at night, on highways, causing grievous hurt or death — the sentencing ladder's top.

The Nepali reality to note: the highway and border-trade robbery patterns; the dacoity tradition of the Terai's criminal lore; and the gang-robbery statute's use against organized crime's modern forms.

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