Table of Contents
Robbery and theft are both crimes related to the unlawful taking of another person's property, the elements of force apply differently. Theft is defined as the unlawful taking of someone’s property with the intent to permanently deprive them of it. Theft is the act of stealing property without using force, deception, or threats; it includes acts like shoplifting or pickpocketing. It is a non-confrontational crime, focused purely on taking what belongs to another. But robbery is when a property is acquired through force, intimidation, or the threat of violence. That is a much graver crime because there's an inflicting of harm to the victim. Both are crimes against property but robbery carries stiffer sentences.
Types of theft according to National Penal Code, 2074
- Ordinary Theft
- Burglary
- Robbery
- Pickpocketing
- Carrying Theft Tools
1. Ordinary Theft (Sec 241 National Penal Code, 2074)
Theft is considered whenever a person dishonestly takes any property under the ownership, possession, control, or custody of another person out of such ownership, possession, control, or custody or moves such property without that other person's consent, with the intention of owning, using or enjoying it. The National Penal Code, 2074 outlines different types of theft, each depending on the circumstances and nature of the crime.
Punishment (Sec 242 National Penal Code, 2074)
- A sentence of imprisonment from a term of two to seven years and a fine of twenty thousand to seventy thousand rupees is charged in case of the following circumstances:-
- In the case of theft of any government or public property or property of any religious place or temple,
- In the case of theft of any property, upon administering liquor or narcotics to, or otherwise making unconscious,
- In the case of theft of any property, upon taking advantage of earthquake, fire, flood, riot or similar other situation of crisis or any accident,
- In the case of theft of any property of the office or person whose service one is engaged in,
- A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees for theft except in the circumstances mentioned above.
2. Burglary (Nakabajani) (Sec 243 National Penal Code, 2074)
A person shall be considered to have committed burglary if he or she commits theft in a house by entering the house by breaking its main gate or by using any passage, place, method, or means other than the main gate, or after committing theft, he or she quits, or attempts to quit, by breaking its main gate or by using any passage, place, method or means other than the main gate.
Punishment
A sentence of imprisonment for a term of three to five years and a fine of thirty thousand to fifty thousand rupees.
3. Robbery (Sec 244 National Penal Code, 2074)
A person shall commit robbery if he or she:
| Offense | Punishment |
|---|---|
| A person either causes or attempts to cause harm, injury, or death, or uses restraint, obstruction, fear, or intimidation during the act of theft. It also includes cases where the offender uses force while committing theft, while taking stolen property, or while fleeing from arrest after the theft. Additionally, it covers theft carried out while armed with a deadly weapon. | A sentence of imprisonment for a term of seven to fourteen years and a fine of seventy thousand to one lakh forty thousand rupees. |
| Obtains any money or economic benefit through criminal extortion by putting any person in fear of instant death or of instant or instant restraint. | A sentence of imprisonment for a term of seven to fourteen years and a fine of seventy thousand to one lakh forty thousand rupees. |
| Commits theft by waiting near or on the way, road, lonely place, or forest or show of fear or intimidation, using or threatening to use a deadly weapon. | A sentence of imprisonment for a term of five to ten years and a fine of fifty thousand to one lakh rupees. |
| Commits theft in a group of three or more persons. | A sentence of imprisonment for a term of five to ten years and a fine of fifty thousand to one lakh rupees. |
4. Pickpocketing (Sec 246 National Penal Code, 2074)
A person who steals cash or property from the pocket of another person who is walking on foot, traveling in a vehicle or staying in a public place or from his or her accompanying purse, bag, or means of any other kind, with or without notice of such other person,
If a person pick-pockets a cash amount of more than ten thousand rupees or property valued at more than ten thousand then it is considered to be ordinary theft and liable for punishment pursuant to ordinary theft.
Punishment
- Pickpocketing for the first time: A sentence of imprisonment for a term not exceeding one month or a fine equal to the claimed amount or both.
- Pickpocketing from the second time onwards: A sentence of imprisonment for a term not exceeding two months or a fine equal to the claimed amount or both.
5. Carrying Theft Tools (Sec 245 National Penal Code, 2074)
No person shall move around or enter into or attempt to enter into the house of any person carrying instruments such as any tool, object, arms, duplicate key, gloves, and ladder that may be used in the commission of theft or robbery to commit theft or robbery.
Punishment
A sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.
Claimed amount to be recovered:
- The claimed amount involved in the offense shall be forfeited from the offender of such offense and paid to the owner of that property.
- If the offender has already spent the property, then the claimed amount shall be equal to the value of the property which shall be ordered to be paid to the owner.
In conclusion, theft and robbery, though both crimes related to the unlawful taking of property, differ in their methods and severity. Theft is typically a non-confrontational crime, while robbery involves force, intimidation, or threats of violence. The National Penal Code of Nepal outlines various types of theft, including ordinary theft, burglary, pickpocketing, and robbery, each carrying distinct punishments based on the severity of the offense. Robbery, especially when carried out with a weapon or in a group, carries heavier penalties compared to theft. The legal framework in Nepal emphasizes the importance of deterrence and justice, ensuring appropriate consequences for offenders.