Dacoity

 

 Dacoity - IPC Section 391 

• Section 391 of the Indian Penal Code defines the act of Dacoity. 
• When there are five or more persons who jointly commit the act of robbery or attempt to commit robbery, they are liable for the act of dacoity. 
• If any person aids these persons or attempts to aid, then he shall also be liable for the dacoity in the same manner as others are liable.

Punishment For Dacoity

• the punishment for it is defined under Section 395 of the IPC
• Any group of five or more persons who commit dacoity shall be punished for life imprisonment or for rigorous imprisonment up to 10 years and shall also be liable for fine.

Dacoity With Murder  IPC Section 396

• Aggravated form of dacoity is defined under section 396 of the Indian Penal Code, 1860. 
• Under  Section 396 aggravated form is defined as dacoity with murder. It says that if anyone of five or more than five persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death and shall also be liable to fine.

The ingredients of Section 396 are:

• The offence of dacoity must be committed with the joint act of the accused persons; 
• Murder must be committed in course of the commission of the dacoity.

Under Section 396 of the IPC, it is not necessary to prove whether the murder was committed by a single person or it was committed by all of them. It is also not necessary to prove the common intention. The prosecution is only required to prove that the murder was committed while committing the dacoity. If the prosecution successfully proves that the murder was committed while committing dacoity, then all of the members will be punished under Section 396 of the IPC.

Preparation To Commit Dacoity

There are four stages of crime – 

The general rule is that either the attempt is punished or a complete offence. The stage of preparation is not punished. But this is not so in the case of dacoity. If any person does preparations to commit dacoity, then such person shall be punished for rigorous imprisonment up to 10 years and will also be liable for fine.

Mensrea (IPC section 34 -common intention)

Before committing any offence intention plays a very important role in it. Under criminal law, the intention is known by Mens Rea. Mens rea means guilty of Mind. For every criminal offence, there should be Mens rea on the part of the offender. If put in other words it means that there has to be intention to commit a crime. The term “Intention”  has not explicitly defined under the Indian Penal Code, 1860 But under IPC section 34 of it deals with common intention. 

This section requires a particular criminal intention or knowledge and the act should be committed by more than one person. Everyone who joins the act with the knowledge of the consequences, all of them should be made liable under this section.

Preparation (IPC Section 399- preparation to commit dacoity )

It says that whoever makes any preparation for committing dacoity shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.  

Assembling for the Purpose of Committing Dacoity (IPC-Section 402)

Assembling for purpose of committing dacoity is defined under Section 402 of the Indian Penal Code. It says that whoever, at any time after the passing of the act, 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 and shall also be liable to fine.

Belonging to Gangs of Dacoits (Section 400 of the IPC)

Belonging to gangs of dacoits is defined under Section 400 of the IPC. It says that anybody who at any time after the passing of this act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity will be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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