INTRODUCTION
ROBBERY
According to Section 390 of the Indian Penal Code, 1860, robbery has been defined. The statute itself often explains the crime of robbery in modern British and American law. The differences between words like “robbery,” “theft,” “extortion,” and “dacoity” are barely discernible. That is crystal obvious thanks to the Indian Criminal Code, 1860, which distinguishes between all of the offenses. The Indian Criminal Code, 1860 defines robbery under Section 390 and links stealing, extortion, and dacoity to the crime. Due to their close relationship, the phrases “robbery” and “dacoity” are frequently used interchangeably; nonetheless, there are several differences between the two. In this text, they have been made quite plain. Whether a member of the dacoity gang participates actively or not, they are all subject to punishment. All members of the dacoity are subject to punishment if only one of the members commits the wrongs listed in this section. The victim need not have all of the dacoity group’s members present. All members are liable in the event that the owner becomes terrified as one person watches from the center and another from the door of the house, even though they were not present when the crime was committed. Penalty: Life in jail or ten years or more of solitary confinement with hard labor as well as a fine. (Sec. 395) The penalty is harsher for the more severe instances of dacoity.
DACOITY
A gang using weapons commits an act of violent robbery known as dacoity. The number of offenders is the only thing that truly distinguishes dacoity from robbery. One person is more than enough to commit a robbery. Five or more people are present when dacoity is committed. According to Section 391 of the Indian Criminal Code, 1860, dacoity is a crime. If five or more people jointly commit or attempt to commit a robbery, or if the total number of offenders jointly committing or attempting a robbery, and persons present and aiding such commission or attempt, equals five or more, each of those individuals is deemed to have participated in the robbery. Robbery is a terrible crime, but dacoity is even worse. The number of participants in the wrongdoing is the primary distinction between robbery and dacoity. A dacoity offense must include five or more people. According to Section 395 of the Indian Criminal Code, 1860, anyone found guilty of dacoity faces a sentence of life in prison or a term of rigorous imprisonment that may be extended to ten years, as well as being required to pay a fine. There must be at least five people present in order for dacoity to be committed or attempted.
They must be acting with malice.
DIFFERENCE BETWEEN ROBBERY AND DACOITY
Meaning Robbery is a more severe type of theft or extortion in which there is a threat of death, serious injury, or unjustified restraint. Dacoity is a sophisticated sort of robbery in which at least 5 criminals collaborate to do the crime. punishment of up to ten years in solitary confinement. The maximum penalty is life in prison, however it is also possible to receive a strict ten-year sentence along with a fine. It is a punishable offense that can be handled by a Judicial Magistrate First Class and is cognizable, non-bailable, and non-compoundable. It is a prosecutable offense that cannot be compounded, is not subject to bail, and is cognizable. Any person committing, trying, or aiding in the commission of a robbery when five or more people do so simultaneously is known as a “Dacoity.” This also applies when there are five or more people present and participating in the act of the robbery. The number of accused participants in the crime is the primary distinction between robbery and dacoity. Gravity of Dacoity is more serious than robbery. Robbery is an unaggravated kind of dacoity, which is a graver and more horrific felony. This is true because robbery is a component of dacoity, and robbery is a particularly extreme form of stealing or extortion. Illustration On the high roads, X runs into Y and demands her purse while brandishing a gun. As a result, Y gives over his purse. Here, X intimidated Y into giving up the purse by threatening him with immediate harm and extorting the money while in his presence. As a result, A has committed robbery. [1] At night, X gets on a bus. He discovers A, B, C, D, and E standing and holding weapons. They coerce X into giving up all of his valuables, and if he doesn’t, they threaten to break his bones. Fearing severe injury, X immediately hands over his goods. A, B, C, D, and E have all committed dacoity together.
CASE LAWS OF ROBBERY
Sardar basha Vs the state represented by on 09 june 2007
handed to him as booty in connection with a bank heist. 28. The learned Senior Counsel would rightly contend that the booty amount is relevant to the bus robbery case, yet it is indicated that it has some significance.
S.Baskaran Vs The superintendent of police on 11 december 2006
Severe misconduct was committed when the person falsely convinced CL to travel to Udumalaipet and then became involved in a robbery case in Chennai. Involved in further robbery charges, in violation of the Indian Arms Act of 1959, and being held in the Central Prisons of Chennai and Tiruchi
CASE LAWS OF DACOITY
Gouri Shankar jha Vs the state of bihar and ors on 20 january 1972
Eight dacoity instances involving the appellant and other individuals were all committed in that area. Afterwards, the appellant became implicated in up to nine dacoity cases, where remand orders were occasionally issued.
Manzoor Vs State of uttar Pradesh on 15 february 1982
Suleman and Noora were detained in connection with a dacoity case, and it was assumed that Gul Bahar had provided information that led to their detention. Suleman, the appellant, then fired from a locally produced gun.
CONCLUSION
To sum up, every robbery is not a dacoity, but every dacoity is a robbery. Robbery and dacoity are distinguished by the number of perpetrators engaged and their shared desire to perpetrate robbery. Dacoity requires a minimum of five perpetrators, whereas robbery just requires one. Robbery does not become dacoity until five or more people are involved and it is established that they are acting “conjointly” when performing the crime. When five or more people are charged with dacoity but not all of them carry out the act simultaneously, it is seen as robbery. Dacoity is illegal at all four stages of the criminal process: preparation, commission, attempt, and intention.
REFRENCE
Ganesan Vs State : SC Says Use Of Deadly Weapon Essential To Be Convicted Under Section 397 IPC
https://www.toppr.com/
https://lawcorner.in/
https://strictlylegal.in/
https://www.srdlawnotes.com/
https://legalkatta.in/
https://www.shareyouressays.com/
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