This article has been written by Ms. Akanksha Choudhary, a 3rd year BA.LLB (Hons.) Student from CMR University, School of Legal Studies, Bengaluru.

INTRODUCTION

According to the Oxford Dictionary, Dacoity means –A brutal heist is committed by an armed group. The only difference between robbery and dacoity is the quantity of criminals. Dacoity is the term used to describe robberies that involve five or more persons. Five or more people working together to perpetrate or attempt to commit robbery is known as dacoity. In Om Prakash vs. State, the court held that it is crucial that everyone involved shares the same motive for committing robbery. Section 391 defines dacoity as follows: “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 amounts to five or more, every person so committing, attempting, or aiding is said to commit dacoity.” For instance, the robbers who choose a late-night time to rob the bank are a, b, c, d, and e. A waited at the door of the bank with a handgun to keep people from entering while the other four were busy breaking the locker. The dacoity offense will be prosecuted against all five individuals. In Shyam Bihari vs. State of Uttar Pradesh, the court held that if a robbery had been committed, the loot would be with the dacoits; but, if it had only been an attempt to commit a robbery, the loot would not be with the dacoits.

Essentials of Dacoity:

• The accused commit or attempt to commit robbery;
• Persons committing or attempting to commit robbery and persons present and aiding must not be less than five;
• All such persons should act collectively.

When five or more people are involved in the act of committing the offense, it is said to be committed collectively. In other words, five or more persons must actively participate in the heist and must either commit the robbery or attempt to do so. In Lachaman Ram vs. State of Orissa (1985), the court determined that all of the defendants engaged in dacoity at the houses of the complainants, robbing and stealing various items of property, including watches, diamonds, and other items. According to Section 391 of the Indian Criminal Code, all of the accused were found guilty. In Musafir Rajbanshi vs. State of Bihar (2001), Patna High Court determined that the use of actual or threatened violence in the commission of theft is a necessary component of a dacoity charge. Threats of violence could be implied by the mob’s actions and disposition. No overt action is necessary to convey the force or menace.

Legal Framework: Indian Penal Code

• Section 395: It lays out the penalty for dacoity. Anyone who commits the crime of dacoity will be punished under this section. The punishment shall be Life imprisonment, or Rigorous imprisonment up to ten years of the term, and Liable to a fine. The crime of dacoity is cognizable (meaning that anyone who learns of the offense can notify the authorities about it), non-bailable (no bail will be granted as a matter of right), non-compoundable (the offense is not negotiable), and can be tried by the sessional court.

• Section 396- Dacoity with murder: Each of the five or more individuals who are jointly committing dacoity must be punished with the death penalty, [life imprisonment], or hard imprisonment for a time that may last up to 10 years, as well as the fine.

• Section 397- Robbery or dacoity: It is done with the aim to kill or seriously injure someone. If, while committing robbery or dacoity, the criminal employs a lethal weapon, seriously injures someone, or attempts to seriously damage or kill someone, they must serve at least seven years in jail.

• Section 398- Attempt to commit robbery or dacoity when armed with deadly weapon: If a criminal attempts to commit robbery or dacoity while carrying a deadly weapon, their penalty should not be less than seven years in prison. The Supreme Court in Ashfaq vs. State (Govt. of the NCT of Delhi (2004) examined the wording of Section 398 IPC, where the phrase “the offender is armed with any deadly weapon,” while interpreting Section 397 IPC. According to the Supreme Court, in order to violate Section 397 of the IPC, the victim must be sufficiently terrified and intimidated by the use of a deadly weapon that he cannot resist out of fear of being hurt.

• Section 399- Making preparation to commit dacoity: Making any kind of preparation to conduct dacoity is punishable by heavy imprisonment for up to 10 years as well as a fine. In Ram Kishore vs. State (2021), the Allahabad High Court ruled that in order to establish the offence under Section 399 of the IPC, the prosecution must show that further steps were taken during the preparation for committing dacoity.

• Section 400- Punishment for belonging to the gang of dacoits: It penalises gang members who have turned regular dacoity into their livelihood. The relationship with the ongoing pursuit of dacoity is the essence of the offence. A grouping with a single purpose is called an association. State vs. Hetep Boro, a case decided by the Gauhati High Court in 1971, declared that Section 400 of the Indian Penal Code does not need proof that the accused committed a specific act of dacoity. Evidence that was deemed insufficient to prove guilt under Section 395 may be used to do so under Section 400.

• Section 402- Assembling for purpose of committing dacoity: Anybody who is one of five or more individuals gathering for a dacoity at any time after the enactment of this Act would be subject to heavy imprisonment for up to seven years as well as a fine. A condition of Section 402 of the Indian Penal Code is that the accused must have congregated at the site of the crime with the intent to commit dacoity. This was stated in Jagsir Singh Alias Sira vs. State of Punjab (2011).

Dacoity and Robbery

Meaning: When five or more people commit robbery collectively, that is considered dacoity. includes the witness who assists the other in committing the crime while they are both there while stealing or extortion is the precursor to robbery.

The number of people: There must be a minimum of five offenders. Those who aid or abet the criminal are deemed to have committed the crime in case of dacoity while for robbery one perpetrator is all that is required.

Punishment: Section 395 makes dacoity a crime. The sentence may include a fine and life in jail or a severe sentence of up to ten years. The punishment for robbery is laid forth in Section 392. A fine and up to ten years in prison might be part of the punishment of robbery. When the crime is committed on a motorway. The punishment is up to fourteen years in prison between dusk and dawn.

Triable by court: Dacoity is within the jurisdiction of the court of session (COS). This is a cognizable offence that cannot be compounded or be subject to bail. For robbery, A top-notch court magistrate will try this case (JMFC). It cannot be compounded, bailable, or cognizable.

Gravity: Dacoity is the most severe kind of property crime. Dacoity is a more complex kind of robbery since it combines theft. Dacoity is more severe than robbery, but not more so. An advanced form of theft or extortion is a robbery.

In Raj Kumar @Raju & Anr. vs. State (2009), the Delhi High Court ruled that the number of participants distinguishes robbery from dacoity. A common element between the two is the use of violence in the course of the theft offence. The identical activities would be regarded as dacoity if there were five or more individuals present, and robbery if there were none. Gopali Prasad vs. State of U.P. (2019), another ruling by the Allahabad High Court, ruled that the only distinction between robbery and dacoity is the number of participants. If the theft involves five or more individuals, it is referred to as dacoity. Conspiring to commit or attempt to commit robbery with five or more people is the crime of dacoity. It is essential that everyone involved has the same objective in mind before pulling off the theft.

CONCLUSION

The most serious crime against someone’s property under Chapter XVII of the Indian Criminal Code of 1860 is dacoity. One must first understand the concepts of robbery, theft, and extortion in order to understand dacoity. When compared to one another, the gravity of these offences varies. The severity of their punishment increases as well. The property offence, such as theft, has the least severe penalty, followed by extortion, robbery, and dacoity. The Supreme Court recently has held that in order to be found guilty of dacoity with intent to murder, a person must possess and display a hazardous weapon with the aim to terrorise people. The display of a deadly weapon is necessary for conviction and that the number of people committing the crime must be five or more when interpreting Section 397 of the IPC (robbery/dacoity with attempt to cause death or grievous hurt).

Aishwarya Says:

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