ROBBERY AND DACOITY part 1 BY TWINKLE KWATRA

INTRODUCTION

Dacoity means an act of violent robbery committed by an armed gang. There is no difference between robbery and dacoity except in the number of offenders. Robbery is dacoity, if the persons committing robbery are five or more in number.

There are three ingredients in Dacoity:

  • The accused commit or attempt to commit robbery;
  • Persons committing or attempting to commit robbery and persons present and aiding must not be less than five;
  • All such persons should act conjointly

SEC 390:ROBBERY: 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.

Explanation.—The offender is said to be present if he is suffi­ciently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

SEC 391:DACOITY

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”.

SEC 392:PUNISHMENT FOR ROBBERY

Whoever commits robbery shall be punished with rigorous 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.

SEC 393:ATTEMPT TO COMMIT ROBBERY

Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine

SEC 394:VOLUNTARILY CAUSING HURT IN COMMITTING ROBBERY

If any person, in committing or in attempting to commit robbery, volun­tarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

SEC 395:PUNISHMENT FOR DACOITY

Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous impris­onment for a term which may extend to ten years, and shall also be liable to fine.

SEC 396:DACOITY WITH MURDER

If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 1[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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