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A holds Z down in order to take Z's money and jewellery dishonestly from Z's clothes without consent.…

Dishonestly moving Z's movable property out of Z's possession without consent constitutes theft. Using instant wrongful restraint for the purpose of committing that theft…

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A holds Z down in order to take Z's money and jewellery dishonestly from Z's clothes without consent. What is the most specific offence under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer C

Dishonestly moving Z's movable property out of Z's possession without consent constitutes theft.

Using instant wrongful restraint for the purpose of committing that theft makes it robbery under section 309(2).

Option feedback

Option A

The taking contains the elements of theft, but the restraint used to commit it makes robbery the more specific offence.

Option B

Extortion requires inducing the victim to deliver property. Here A takes the property from Z.

Option C

A uses instant wrongful restraint for the purpose of committing the theft, bringing the taking within section 309(2).

Option D

Dacoity requires at least five persons conjointly committing or attempting robbery, including persons present and aiding. The facts identify one offender.

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