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Acting alone, A holds Z down and dishonestly takes money and jewels from Z’s clothes without consent. A…

Section 309(2) makes theft "Robbery" when wrongful restraint is voluntarily used to commit it, and illustration (a) applies this to holding a person down while taking money…

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Acting alone, A holds Z down and dishonestly takes money and jewels from Z’s clothes without consent. A uses the restraint to commit the taking. Which offence does BNS section 309’s illustration classify this as?

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Correct answer A

Section 309(2) makes theft "Robbery" when wrongful restraint is voluntarily used to commit it, and illustration (a) applies this to holding a person down while taking money and jewels, so it is more than "Theft without robbery". Z makes no fear-induced delivery, excluding "Extortion only", and a single offender cannot satisfy the five-person requirement of "Dacoity".

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