DACOITY
IPC NOTES FOR LLB PDF:Section 391 of Indian Penal Code defines Dacoity. There is no difference between robbery and dacoity accept in the number of offenders. Dacoity is perhaps the only offence which the legislature has made punishable at four stages that is when 5 or more persons assemble for the purpose of committing a dacoity, each of them is punishable under section 402 merely on the grounds of joining the assembly. Another stage is preparation to commit a dacoity, the person is punishable under section 399. The third stage is the stage of attempting to commit and lastly the stage of the actual commission of a robbery. Thus attempt to commit dacoity is also dacoity.
What is dacoity under IPC?
Section 391 in The Indian Penal Code – Dacoity
“When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity”.
Essentials Ingredients of Dacoity
- The accused commit or attempt to commit robbery;
- Persons committing or attempting to commit robbery and person present and aiding must not be less than 5;
- All such person should act conjointly.
The word conjointly refers to the united or concerted action of 5 or more persons participating in the act of committing the offence. In other words, 5 or more person should be concerned in the commission of the offence and they should commit or attempt to commit robbery.
What IPC 395?
Section 395 in The Indian Penal Code – Punishment for dacoity
Whoever commits dacoity shall be punished with [imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
OTHER RELEVANT PROVISIONS
What IPC 396?
Section 396 in The Indian Penal Code – Dacoity with murder: If anyone of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 1[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
CASE LAW: Abul Mian & Ors. vs. State of Jharkhand, 2012 Cri LJ 883
Hatim Ansari (deceased) was sleeping in his house along with his wife. He woke up by the sound of jumping of somebody in his house by scaling boundary wall. The person who trespassed opened the door from inside. The appellants and other entered into the house and demanded keys of the box that contained money. When the key was not given to them, they threw a bomb in front of the appellant which hit him right in the stomach above waist resulting in injuries. Therefore the wife handed over the keys. They assaulted the appellant and his wife with lathis and were asking about all the money and ornaments. The informant died during treatment after 7 days of the incident. The accused were held liable under Section 396 as it was a dacoity with murder.
Section 397 in The Indian Penal Code – Robbery, or dacoity, with attempt to cause death or grievous hurt: If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
Section 398 in The Indian Penal Code – Attempt to commit robbery or dacoity when armed with deadly weapon: If at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.
Section 399 in The Indian Penal Code – Making preparation to commit dacoity: Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Section 400 in The Indian Penal Code – Punishment for belonging to gang of dacoits: Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Section 401 in The Indian Penal Code – Punishment for belonging to gang of thieves: Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Section 402 in The Indian Penal Code – Assembling for purpose of committing dacoity: Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine
Satya Narain Choube vs. State Of Madhya Pradesh, 1999 (1) MPLJ 478
It was found that these accused along with others (total 5 or more), committed dacoity in the house of Babulal. The dacoits exploded Bombs in the house beat the inmates of the house including ladies and looted them of their cash, ornaments and utensils. When the neighbours came to help the inmates of the house, on their hue and cry, the dacoits threw bombs and one bomb exploded at Chhedilal, the neighbour, who died as a result of this explosion and resultant injuries. The trial Court found that though the identity of other dacoits could not be established and they could not be arrested, yet they were more than 5 dacoits in all who participated in this dacoity.
In Ram Shankar Singh v State of Uttar Pradesh, AIR 1956 SC 441 the facts are six persons were charged with committing dacoity. Three out of six persons were acquitted. The charges frame did not indicate that along with the six persons there were other unknown persons with them, who had committed dacoity. Since three persons were acquitted, there were only three other persons left as the persons involved with the crime. Hence, it was held that the three persons could be convicted only to the lesser offence of robbery under section 392, IPC, and not for dacoity under section 395, IPC.
What is the difference between dacoity and robbery?
DIFFERENCE BETWEEN ROBBERY AND DACOITY
- AS TO DEFINITION: Robbery has been defined in Section 390 of IPC and Dacoity has been defined in Section 391 of IPC.
- AS TO NUMBER OF IN PERSON: In robbery, no fix number of person required. It may be even by a single person but in dacoity fix number of person are required. They must be five or more in numbers.
- SERIOUSNESS: Robbery is less serious in nature but dacoity is more serious offence than robbery because of the terror caused by the presence number of offenders.
- POSITION OF ABETTORS: In Robbery, the abettors are liable independently but in Dacoity abettors who are presently and aiding when the crime is committed are counted in the number.
- PUNISHMENT: Whoever commits robbery shall be punished with rigorous imprisonment for a term which shall not be less than three years, not more than ten years and shall also be liable to fine but Court while convicting a person u/sec. 395, IPC can either sentence him to imprisonment for life or to rigorous imprisonment which cannot be less than four years or more than ten years in addition to fine.
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