The Aggravated Form Of Robbery: Dacoity Under IPC

March 21, 2024
Dacoity under IPC

Robbery is considered an extremely serious offense under Indian criminal law that compromises the safety and security of both individuals as well as communities. Enacted in 1860, the Indian Penal Code (IPC) offers an extensive structure for categorizing and penalizing an extensive variety of criminal acts, particularly robbery. 

Among the various kinds of offenses under IPC, dacoity is one of the most serious. Robbery that has recently escalated to the level of dacoity carries more severe repercussions.

Dacoity under IPC

  • Section 391 of the IPC, 1860 explains the offense of dacoity.
  • According to Section 391 IPC the legal definition of dacoity is, everyone so committing, attempting, or aiding is said to commit dacoity” which means that five or more people committing or attempting to commit a robbery together, or when the total number of people present and aiding such a commission or attempt equals five or more.

Indian Penal Code Section 395

  • Section 395 of the IPC talks about the penalties for dacoity.
  • It says that a person found guilty of dacoity faces a sentence of life in prison or ten years of harsh imprisonment, in addition to a fine.
  • The dacoity offense is:
  1. Recognizable (meaning that anyone who learned of the offense could report it to the authorities), 
  2. Non-bailable (no bail will be given as a matter of right for such an offense),
  3. Non-compoundable (the offense is not negotiable) and subject to a court of session trial (the court of session serves as the trial’s initial court).

Criminal Conspiracy under IPC: Essentials

  • A minimum of two individuals are required to plot.
  • To commit a criminal act or an act that is not illegal by illegal methods, one must have joint bad intent.
  • The agreement could be stated explicitly, implicitly, or partially both.
  • The conspiracy starts as soon as the agreement is made, and the crime is carried out.
  • As long as the combination is present, the same offense is kept up.

Dacoity vs Robbery IPC

A robbery is considered dacoity when five or more persons participate in it together. including the individual who is there and assists the other in doing the crime.The crime of robbery is a continuation of stealing or extortion.
There must be at least five of the offenders. The crime will consider those who assist or abet in it to be its perpetrators.One of the needed minimum number of perpetrators is present.
The court of the session (COS) has the authority to try it. This offense is not subject to compounding, bail, or recognition.The first-class judicial magistrate (JMFC) has the authority to try cases involving this offense. It is not subject to bail, not compoundable, and cognizable.
The most serious type of property crime is called dacoity. Since robbery is a part of dacoity, it is an advanced form of robbery.Robbery is more serious than dacoity, but not more so. A sophisticated kind of theft or extortion is called a robbery.

IPC Dacoity Cases

  • In the case of Md Imamuddin & Anr. v State of Bihar, the request was to lessen the penalty for dacoity. A few of them were charged with dacoity while the train was moving. For their individual offenses, they received sentences of seven years and two years of harsh imprisonment. The accused spent a significant portion of the sentence, roughly 50% of it, in jail. They were given a reduced sentence of half, and their jail term had already elapsed.
  • In the case of Raju Sampath Darode v The State of Maharashtra, the accused has been given the death penalty by the Bombay High Court for both killing his bosses and engaging in dacoity. By deceiving their on-duty watchman on December 2, 2007, the accused gained entry to the home of his employers, Ramesh and Chitra. In the living room, there was a puddle of blood where Ramesh was discovered. The defendant stabbed him in the forehead and heart. He taped up his mouth shut. His wife Chitra had her neck cut and was tried with telephone wire while seated in a chair. The house also had jewelry, foreign cash, and nine lakhs in cash stolen.

The most serious offense committed on someone else’s property is dacoity. However, one must understand the definitions of robbery, theft, and extortion to comprehend dacoity well. The seriousness of each of these offenses varies from one another. Additionally, their penalty rises with gravity. For instance, if theft is the initial offense, the property receives the least penalty; extortion follows, followed by robbery, and lastly, dacoity.

Dacoity under IPC FAQs

What is dacoity in IPC?

Every person involved in the commission, attempt, or assistance of a robbery is considered to have committed dacoity when five or more people commit the crime together, or when the total number of individuals involved in the robbery, including those present and supporting the commission, equals five or more.

What is the difference between dacoity and theft?

When robbery involves theft, it can only be moveable property; when robbery involves extortion, it can be both movable and immovable. The acquisition of both movable and immovable property by the perpetrator is considered dacoity. A sentence of 10 to 14 years in jail and fines is found in Section 392.

Is dacoity bailable or not?

The sentence may include up to fourteen years in prison between dusk and dawn. The court of the session (COS) has the authority to try it. This offense is not subject to compounding, bail, or recognition.

What is dacoity with grievous hurt?

When engaging in robbery or dacoity, if the perpetrator employs a lethal weapon, injures someone severely, or makes a serious attempt to kill or seriously injure someone, they will be sentenced to at least seven years in jail.

What is the punishment for dacoity?

It states that, in addition to a fine, a person convicted of guilty dacoity faces a sentence of life imprisonment or ten years of hard labor.

How many people are needed to call robbery a dacoity?

Conversely, dacoity is a more severe type of theft where a group of people, called dacoits, rob persons or groups of people of their possessions by threatening or using violence. When five or more persons collaborate to conduct a robbery, it’s known as dacoity.

Why is the preparation of dacoity punishable?

The Indian Penal Code’s section 399 for dacoity describes the penalties for dacoity preparation. According to this provision, someone who plans and arranges the necessary items to conduct dacoity faces a harsh 10-year prison sentence in addition to a fine.

What are the essential elements of dacoity?

To be a dacoity, one needs three prerequisites to be met. These essentials are:

  • There ought to be five or more people present;
  • They should have dishonest intentions and 
  • Jointly commit or attempt to commit dacoity.

Is dacoity a cognizable offence?

Penalties: life in prison or ten years of hard labor and a fine; recognized; not subject to bail; subject to a court of session trial; not subject to compounding.

What is the difference between theft, extortion, robbery, and dacoity IPC?

In theft, movable property is taken without the owner’s consent; in extortion, consent is obtained wrongfully through coercion; in robbery, the property is taken without consent, robbery being an intensified form of theft or extortion, and in dacoity, consent is either not given at all or is obtained improperly.

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