Where five or more persons had committed or attempted to commit a robbery, it is called dacoity A robbery is committed by one to four persons and having the ingredients of S. 389 is a robbery.
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 called “Dacoity”. The main difference between robbery and dacoity is the number of the accused participated in the offence.
Dacoity:
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1. Section 391 defines “Dacoity”.
2. Dacoity is the aggravated form of Robbery.
3. The main difference between Robbery and Dacoity is number of participants in committing wrong. In an offence of dacoity, there must be five or more persons.
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4. Dacoity is most serious and heinous offence than robbery.
5. In dacoity, every member of the gang of dacoity is punished, whether he takes active part or not. If one of members of dacoity commits wrong defined under this section, all the members are held liable for punishment.
6. Every member of dacoity group need not present at the victim. In a circumstance, where one is watching at the centre, another at door of the house, remain commit terror in the minds of the owner, all the members are liable, including those who do not present at the very spot of offence.
7. Punishment: Imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and also fine. (Sec. 395) In the aggravated forms of Dacoity the punishment is more severe.
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8. Illustrations: Barendra Kumar Ghose case, State of H.P. vs. Jagar Singh case, etc.
Robbery:
1. Sec. 390 defines “Robbery”.
2. Robbery includes either theft or extortion.
3. No minimum number of participants is prescribed in Robbery. Robbery may be committed by one person to four persons.
4. Robbery is lesser offence than dacoity.
5. In robbery, the real wrong-doer is only punished.
6. The offender of robbery should be present at the victim, and should create fear of death.
7. Punishment: rigorous imprisonment upto ten years and also fine. If the robbery is committed on the highway between sunset and sunrise, the imprisonment may extend to fourteen years. (Sec 392)
8. Illustrations: [Write illustrations of Sec. 390.]