Robbery and Dacoity

Robbery and Dacoity- These two might seem similar in common usage but, they are twodistinct crimes under the Criminal Law. Now what is the actual definition of Robbery and Dacoity in terms of law? What are the criteria for a criminal act to become a robbery or a dacoity? What are the differences between robbery and dacoity? What are the punishments prescribed under the Indian Penal Code for these crimes? These questions may strike your mind when you read the title. This blog is an attempt to cover these questions as accurately as possible. Explanation of the term Robbery and Dacoity: Section 390 of Indian Penal Code, 1860 defines Robbery as – In all robbery there is either theft or extortion. When theft is robbery: Theft is “robbery” if, in order to the 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 of instant hurt, or of instant wrongful restraint. When extortion is robbery: Extortion is “robbery” if the offender, at the 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 of 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. Section 391 of Indian Penal Code, 1860 explains Dacoity as- 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.” Essential ingredients of the offence of Robbery are as follows: i) Committed theft as defined in Section 378 ii) Offender caused or attempted to cause to some persons: a. fear of death, or hurt or wrongful restraint, b. fear of instant death, or of instant hurt or of instant wrongful restrain iii) Offender did such act either a. in order to the committing of the theft b. while committing the theft c. in carrying away or attempting to carry away the property. Making preparation to commit dacoity. Dacoity is a more serious and heinous offence than robbery. The main difference between Robbery and Dacoity is the number of participants in committing the wrong. Robbery. Robbery is lesser offence than dacoity. Robbery may be committed by one person to four persons. 2. 3. In other words. 2. 5. The offender of robbery should be present before the victim. Section 399 3. Robbery includes either theft or extortion. Dacoity with murder. In robbery. No minimum number of participants is prescribed in Robbery. In an offence of dacoity. What are the other segments of Dacoity and Robbery under IPC? 1. the real wrong-doer is only punished. Attempt to commit robbery or dacoity when armed with deadly weapon. or dacoity. 2) Persons committing or attempting to commit robbery and persons present and aiding must not be less than five . Dacoity is an aggravated form of Robbery. . Dacoity 1. 4. with attempt to cause death or grievous hurt. Note: The word ‘conjointly’ refers to united or concerted action of five or more persons participating in the act of committing the offence. 3) All such persons should act conjointly. Section 398 What are the peculiar differences between the two? Robbery 1. 3. Section 396 4. Voluntarily causing hurt in committing robbery. Section 394 2. Section 397 5. five or more persons should be concerned in the commission of the offence and they should commit or attempt to commit robbery.Essential ingredients of the offence of Dacoity are as follows: 1) The accused commit or attempt to commit robbery . there must be five or more persons. and should create fear of death. and shall also be liable to fine. such person. all the members are liable for punishment. and any other person jointly concerned in committing or attempting to commit such robbery. and shall also be liable to fine. IPC Attempt to commit robbery: Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years. in committing or in attempting to commit robbery. and shall also be liable to fine. Section 395. including those who are not present at the very spot of offence. Section 396. another at the door of the house. every one of those persons shall be punished with death. and. If one of the participants( either active or passive) commits wrong defined under this section. IPC Punishment for dacoity: Whoever commits dacoity shall be punished with imprisonment for life. who are conjointly committing dacoity. shall be punished with imprisonment for life. . or with rigorous imprisonment for a term which may extend to ten years. where one is watching at the centre. 5. Every member of dacoity group need not appear before the victim. and shall also be liable to fine. IPC Punishment for robbery: Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years. if the robbery be committed on the highway between sunset and sunrise. PUNISHMENTS: Section 392. IPC Voluntarily causing hurt in committing robbery: If any person. all the members are held liable. Section 393. or with rigorous imprisonment for a term which may extend to ten years. or imprisonment for life. commits murder in so committing dacoity. In dacoity. equal terror is created in the mind of the owner and thus. voluntarily causes hurt. every member of the gang of dacoity is punished. the imprisonment may be extended to fourteen years. Section 394. whether he takes active part or not. In a circumstance.4. and shall also be liable to fine. IPC Dacoity with murder: If any one of five or more persons. or rigorous imprisonment for a term which may extend to ten years. the imprisonment with which such offender shall be punished shall not be less than seven years. and shall also be liable to fine. shall be punished with rigorous imprisonment for a term which may extend to ten years. shall belong to a gang of persons associated for the purpose of habitually committing dacoity shall be punished with imprisonment for life. IPC Robbery. at the time of committing robbery or dacoity. Section 398. Section 400. at the time of attempting to commit robbery or dacoity. or causes grievous hurt to any person. and shall also be liable to fine. No Robbery Dacoity 1 Definition : Definition : Section 390 of the Indian Penal Code Section 391 of the Indian Penal Code defines . IPC Attempt to commit robbery or dacoity when armed with deadly weapon: If. Robbery is dacoity. the sentence with which such offender shall be punished shall not be less than seven years imprisonment. with attempt to cause death or grievous hurt: If. There is no difference between robbery and dacoity except in the number of offenders. or attempts to cause death or grievous hurt to any person. and shall also be liable to fine. IPC Punishment for belonging to gang of dacoits: Whoever. IPC Making preparation to commit dacoity: Whoever makes. if the persons committing robbery are five or more in number. at any time after the passing of this Act. the offender uses any deadly weapon. any preparation for committing dacoity. the offender is armed with any deadly weapon. shall be one of five or more persons assembled for the purpose of committing dacoity shall be punished with rigorous imprisonment for a term which may extend to seven years. at any time after the passing of this Act. Section 402. or dacoity.Section 397. Section 399. or with rigorous imprisonment for a term which may extend to ten years. IPC Assembling for purpose of committing dacoity: Whoever. or in carrying away or or aiding. and persons present and aiding such Theft is "robbery" if. at the time of committing the extortion. or attempt to commit a robbery. of instant hurt. every person so committing. in order to the commission or attempt. the offender. attempting the theft. by so putting in fear. or fear of instant death or of instant hurt. defines Robbery — Dacoity — In all robbery there is either theft or “When five or more persons conjointly commit extortion. voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint. amount to five or committing of the theft. or of instant wrongful restraint. so put in fear then and there to deliver up the thing extorted. and. or in committing more. or of instant wrongful restraint to that person or to some other person. or where the whole number of persons conjointly When theft is robbery – committing or attempting to commit a robbery. and commits the extortion by putting that person in fear of instant death. induces the person. is in the presence of the person put in fear. for that end. accused. is said to commit "dacoity". attempting to carry away property obtained by the theft. 3 Robbery is not as serious as Dacoity Dacoity is an aggravated and more serious form of robbery. . When extortion is robbery – Extortion is "robbery" if the offender. 2 Robbery can be committed by even one In Dacoity there must be five or more persons. or with rigorous a term which may extend to ten years. > When theft is robbery.4 Punishment – Punishment – Section 392 of the Indian Penal Code Section 395 of the Indian Penal Code prescribes the punishment for robbery – prescribes the Punishment for dacoity – Whoever commits robbery shall be Whoever commits dacoity shall be punished punished with rigorous imprisonment for with imprisonment for life. in order to the committing of the theft. or of instant wrongful restraint to that person . non-bailable. of the first class. the offender.—Extortion is “robbery” if the offender. non-compoundable compoundable and triable by Magistrate and triable by Court of session. at the time of committing the extortion. Robbery is a special and aggravated from of either theft or extortion and means felonious taking from the person of another or in his presence against his will. and imprisonment for a term which may extend to shall also be liable to fine. the imprisonment may be extended to fourteen years. or of instant wrongful restraint. robbery be committed on the highway between sunset and sunrise. by violence or putting him in fear. is in the presence of the person put in fear. if the ten years. of instant hurt. > When extortion is robbery. and. Introduction: Robbery. for that end. non-bailable. or in committing the theft. and shall also be liable to fine. and it becomes Dacoity when it is committed by five or more persons co-jointly. or in carrying away or attempting to carry away property obtained by the theft. and commits the extortion by putting that person in fear of instant death. or fear of instant death or of instant hurt.—Theft is “robbery” if. voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint. Cognizable. 5 Cognizable. non. Z in consequence. and demands Z’s purse. of instant hurt. amount to five or more. A has therefore committed robbery on Z. and punishable as such.or to some other person. (d) A obtains property from Z by saying—“Your child is in the hands of my gang. > Explanation The offender is said to be present if he is sufficiently near to put the other person in fear of instant death. (b) A meets Z on the high roads. induces the person so put in fear then and there to deliver up the thing extorted. shows a pistol. by causing Z to be in fear of instant hurt to the child who is there present. unless Z delivers his purse. every person so committing. Here A has extorted the purse from Z by putting him in fear of instant hurt. A has therefore committed robbery. and will be put to death unless you send us ten thousand rupees”. unless Z is put in fear of the instant death of his child. When five or more persons co-jointly commit or attempt to commit a robbery or where the whole number of persons co-jointly committed or attempting to commit a robbery and persons present and aiding such commission or attempt. or of instant wrongful restraint. A takes the child and threatens to fling it down a precipice. in consequence delivers his purse. Dacoity. and being at the time of committing the extortion in his presence. > Illustrations (a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Z. A has therefore committed robbery. but it is not robbery. attempting or aiding is said to commit Dacoity. This is extortion. and in order to the committing of that theft. and. (c) A meets Z and Z’s child on the high road. . Here A has committed theft. surrenders his purse. by so putting in fear. Here A has extorted the purse from Z. has voluntarily caused wrongful restraint to Z. P. the abettors are liable independently. (V)Punishment: Whoever commits robbery shall be punished with rigorous imprisonment for a term which shall not be less than three years. It may be committed by a single person. the number of persons are five or more. Dacoity shall be triable by the Court of Session. . can either sentence him to imprisonment for life or to rigorous imprisonment which cannot be than fore years or more than ten years in addition to fine(1993 SCMR 1058) (VI)Position In Highway: If robbery is committed on the highway. nor more than ten years and shall also be liable to fine Court while convicting a person u/sec 395.· Points of Difference between Robbery And Dacoity: Robbery and Dacoity can be differentiated on the basis of various grounds. (I)Number Of Persons: In Robbery the number of persons are less than five. (IV)Jurisdiction Of Court: Robbery may be triable by the illaqa magistrate. In Dacoity abettors who are present and aiding when the crime is committed are counted in the number. Dacoity is more serious offence than robbery because of the terror caused by the presence number of offenders. (III)Position Of Abettors: In Robbery. In Dacoity.C. the imprisonment may be extended to fourteen years. (II)Seriousness: Robbery is less serious in nature.P. The fact that the Dacoity is committed on the highway does not change the position or punishment. that the definition of robbery contemplates that an accused should from very beginning have the intention to deprive another person of the property and to achieve that end. hurt or wrongful confinement when the same offence is committed by five or more serious in nature. . Under wrongful restraint. either hurt is caused or a person is placed. or it must be actually found that victim was put in fear of instant death. we can say. · Conclusion: To conclude.