DIFFERENCE BETWEEN ROBBERY AND DACOITY

August 5, 2023

This article has been written by Varsha Thapa of 2nd year B.B.A. L.L.B. studying in Army Law College, Pune.

Robbery

Robbery is defined under section 390 in Indian Penal Code. It is an aggravated form of theft or extortion. In all robbery there is either theft or extortion. Taking someone’s property through force, without their consideration and using violence and intimidation is said to be robbery.

When theft is robbery : Under section 378 of IPC, theft is robbery if, in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or instant hurt, or of instant wrongful restraint.

When extortion is robbery : Under section 383 of IPC, extortion is robbery if the offender, at that time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or instant wrongful restraint to that person or to some other person and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. The offender is said to be present if he sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Examples of robbery

A holds P down, and fraudulently takes peter’s money and jewels from P’s clothes, without P’s consent. Here A has committed theft and in order to committing theft, he has voluntarily cause wrongful restraint to P. A has therefore committed robbery.

X meets Y on the high road, shows a pistol and demands Y’s purse. Y in consequences surrenders his purse. Here X has extorted the purse from Y by putting him in fear of instant hurt, and being at that time of committing the extortion in his presence. X has therefore committed robbery.

Punishment for robbery

Section 392 of IPC prescribes the punishment for robbery. If any person commits robbery, then he shall be punished for rigorous imprisonment up to ten years. And if the person committing robbery commits robbery on the highway after sunset and before sunrise, then he can be imprisoned up to fourteen years.

Essentials for committing a robbery

Causing death, hurt or wrongful restraint or fear
Inducing a person to instant death, instant hurt or instant restraint.

Cases under robbery

Anwar Ali vs state of Himachal Pradesh (2020)

The High Court had sentenced the appellants to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/- each for the offence under Section 392, and in default of payment of fine, further rigorous imprisonment for a period of three months.

Troylukho Nath Chowdhry vs. State (1878)

In this case defined what might be considered as consent for the purpose of Theft. In this case, the owner of the property through his servant helped the offender commit theft so that he would serve his punishment. It was held in this case that while committing theft the offender had the consent of the owner and thus would not be liable for theft under the Section.

DACOITY

The crime of dacoity is a serious crime under section 391 of Indian Penal Code.

It is defined as “When five or more persons jointly commit or attempt to commit a robbery, or where the whole number of persons jointly 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’.”

Dacoity (Aggravated Form of Robbery)

Aggravated form of robbery not only includes robbery but it also includes theft and serious injuries to the victim. When five or more than five persons commit or attempt to commit a robbery that is known as dacoity. It is more of an aggravated form of robbery and generally, the robber is armed with deadly weapons.

Aggravated form of Dacoity

Aggravated form of dacoity is defined under Section 396 of the Indian Penal Code, 1860. Under Section 396 aggravated form is defined as dacoity with murder. It says that if anyone of five or more than five persons, who are jointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death and shall also be liable to fine.

Essentials for committing 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.

Punishment for Dacoity

Punishment for dacoity is defined under Section 395 of the Indian Penal Code, 1860. This section says that a person who commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which can be extended to ten years, and shall also be liable to pay the fine. This offence is cognizable, non-bailable, and non-compoundable in nature.

Cases under dacoity

The State vs Sadhu Singh and Ors (1972)

In this case, four and one kurda Singh was involved in committing a dacoity. They all were armed with deadly weapons such as rifles and pistols. They committed a robbery at the house of gharsiram. They injured Gharsiram, jugalkishore, Sandal and Jugalkisore. The dacoits, in this case, tried to take a wristwatch and a shawl of one person but as they were villagers the dacoits were not able to take anything with them. When dacoits started running from the villagers they received a hot chase from them and in return dacoits shot a fire. As a result, dharma, one of the villagers died but the villages captured one of the dacoits. In this case, the dacoits were charged under Section 395 of the Indian Penal Code.

Shyam Behari v. State of Uttar Pradesh (1956)

In this case, the dacoit killed one of the victims, who had caught the robber’s associate in an attempt to commit dacoit. The robber was convicted under Section 396 of IPC because any murder committed by the dacoits during their fight would be treated as murder.

DIFFERENCE BETWEEN ROBBERY AND DACOITY

BASIS	ROBBERY	DACOITY
Meaning	Robbery can be defined as taking someone’s property through force, without their consideration and using violence and intimidation. For robbery to happen there must be either extortion or theft present.	Dacoity can be explained as two or more people working together to commit robbery. It is considered as serious crime as it involves use of weapons and large no. Of people ranging from 5 or more in order to threaten the people.
Defination	Defined under section 390 of Indian Penal Code, 1860.	Defined under section 391 od Indian Penal Code, 1860.
Nature of offence	Cognizable, non-bailable, non-compundable and triable by the magistrate.	Cognizable, non-bailable, non-compoundable and triable by court of sessions.
Punishment	Imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.	imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Degree of seriousness of crime	Robbery is not a serious crime.	Dacoity is an aggravated and more serious form of robbery. Therefore it is a serious crime.

References

August 5, 2023