Section 391 in the Indian Penal Code
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”.
Ingredients
(1) The accused commit or attempt to commit robbery.
(2) The Persons committing or attempting to commit robbery and persons present and aiding must not be less than five.
(3) All such persons should act conjointly.
Section 395 – 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.
Classification of offence
The offence under Section 395 of The Indian Penal Code, 1860 is cognizable, non-bailable, non-compoundable and triable by Court of Session.
The State vs Sadhu Singh and Ors.
The four accused as well as one Kurda Singh five in all, armed with deadly weapons such as a rifle and a pistol committed a dacoity at the house of Gharsiram in the course of which they caused injuries to Gharsiram Jugalkishore, Basantilal and Sandal. They also relieved Santlal of a wrist watch and a shawl which he was carrying on his person but since there was a hue and cry which had attracted the attention of the villagers who collected at the spot the dacoits were not able to take away any booty with them However, when the dacoits were retreating, they were given a hot chase by the villagers and in order to have a safe retreat, one of the dacoits is alleged to have fired a shot as a result of which Dharma died. But the brave villagers also succeeded in capturing one of the dacoits.
Distinction between theft, extortion and robbery:
(i) Consent: In theft, offender takes without the owner’s consent. In extortion, offender takes by the wrongful obtaining consent. Robbery is an aggravated form of theft or extortion. Offender takes without consent.
(ii) Property: Theft can he committed in respect of movable property only. Extortion can be committed in respect of any property movable as well as immovable. In robbery, immovable property is involved only if it is a form of extortion, not otherwise.
(iii) Force: In theft, no force is involved. In extortion, the property is obtained by putting intentionally that person or any other in fear of injury, in robbery, force may or may not be used according to as robbery is a form of theft or extortion.
Robbery and dacoity:
The essence of the difference between the two lies only in the number of person involved in the Hence. Dacoity is robbery committed by five or more persons. Further, dacoity is the offence for which the preparation is sufficient constitute the offence.
What is the logic behind the number of people difference to differentiate between Dacoity and Robbery?
When someone uses criminal force, wrongfully restrains, causes fear of death (during theft) or causes fear of instant death (during extortion), to take a property of another person, he is said to do the act of robbery. When 5 or more persons are involved in it , its called dacoity. So dacoity is an aggravated form of robbery. Every person is equally liable regardless of the intensity of their involvement in dacoity.
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