According to Section 391 of Indian Penal Code, Dacoity means “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”.

Dacoity is an aggravated form of robbery. When five or more persons conjointly commit or attempt to commit a robbery or are present and aid to such commission or attempt, everyone of them is said to commit dacoity. The word “conjointly” refers to united or concerted action of the persons participating in the transaction. The persons should share the common intention of committing robbery. In counting the number of offenders, the persons present and aiding whene the crime is committed are also counted. Thus, one person may commit or attempt to commit robbery, and four other may be present and aiding in its commission or attempt. Dacoity is considered as the most heinous crime all over the world.

         To constitute the offence of dacoity under Section 391:-

1) The accused commits or attempts to commit robbery,

2) Persons committing or attempting to commit robbery and present and aiding must not be less than five,

3) All such persons must act conjointly.

         According to Section 395 of the Indian Penal Code prescribes punishment for dacoity, which may be either imprisonment for life or rigorous imprisonment upto 10 years and fine.

The offence under this Section is cognizable, non-compoundable and is triable by the Court of Session.

EMPEROR V. LASHKAR

According to the Section 396 of the Indian Penal Code explains dacoity with murder. This section imposes constructive joint liability on all the persons for causing murder while conjointly committing dacoity. Even one among them commits murder, all of them are equally liable for murder.

To punish under Section 396 following conditions are required:-

1) Dacoity was committed,

2) Five or more persons conjointly committed dacoity,

3) One or more of them committed murder,

4) The murder was committed during the commission of dacoity.

         Punishment for “Dacoity with murder” persons shall be punished with death or imprisonment for life, or rigorous imprisonment for a term that may extend to ten years, and shall also be liable to fine.

           The offence under this section is cognizable, non-bailable, non-compoundable and triable by Court of Session.

Kalika Tiwari V. State of Bihar

Om Prakash and others V. State of Uttar Pradesh

THEFT(378)DACOITY(391)
1) The subject matter is movable property.1) It may be immovable property if it is in the form of extortion, and not otherwise.
2) In theft, there is force or compulsion.2) Force may or may not be used.
3) It can be committed by one person.3) To commit the offence of dacoity, there must be five or more persons.
4) Fear does not exist in theft.4) Fear exists in dacoity.
5) Taking away movable property without owners’ consent is theft.5) In dacoity, there is no consent or it is obtained.

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