DHVIT SHAH

B-111
LAW OF CRIMES
INTRODUCTION

• Robbery and dacoity are classified as ‘offences against property’ under chapter XVII of
the Indian Penal Code, 1860.
• Although the terms ‘robbery’ and ‘dacoity’ are often used interchangeably on account of
their inter-relatedness, there are considerable points of distinction between the two.
ROBBERY ( SECTION 390 0F IPC)

• Robbery can be described as a crime wherein the perpetrator intentionally causes or

attempts to murder, cause injury, or wrongfully restrain the victim, while committing theft
or carrying away or attempting to carry away the stolen property. Robbery is an
aggravated form of either theft or of extortion.
• There must have been a commission of extortion as defined under Section 383.
• There must have been a commission of theft defined under Section 378.
DACOITY (SECTION 391 OF IPC)

• 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”.
• There must be commission or attempt to commit a robbery;
• Persons committing or attempting to commit robbery and persons present and aiding must
not be less than five.
• All such accused persons must act conjointly, i.e., they must act in concert for furtherance of
the commission of dacoity.
DIFFERENCES BETWEEN ROBBERY AND DACOITY

• Robbery is a cognizable bailable and not a compoundable offence and thus can be handled by Judicial
Magistrate, First Class. Dacoity is a cognizable, non-bailable and non-compoundable offence and is tried by a
Sessions Judge.
• The crime of dacoity is typically viewed as a more grave offense because it involves the participation of multiple
perpetrators and the use of deadly weapons. On the other hand, although still a serious crime, robbery may not
be regarded with the same level of gravity as dacoity.
• Robbery is an aggravated form of theft and extortion, where force is used in the commission of the crime and
the offender threatens to kill, cause hurt or wrongful confinement. Dacoity, which is a higher form of robbery, is
a crime wherein at least 5 people working together perpetrate it.
• The primary contrast between the crimes of robbery and dacoity lies in the number of individuals involved.
While an individual or less than five persons can carry out robbery, a minimum of five people must participate
in dacoity.
CONCLUSION

• To conclude, every dacoity is robbery, but every robbery is not dacoity. The number of
perpetrators involved and their common intention to commit robbery are the
parameters that distinguish between robbery and dacoity.
• The minimum number of perpetrators in dacoity is five, whereas that in case of robbery
is one. Furthermore, only when there are five or more people involved and they are
proven to be committing the crime ‘conjointly’ does robbery turn into dacoity. If there
are five or more persons accused (of dacoity) and they do not all perform the act
conjointly, it is considered robbery.