Distinguish Between Robbery and Dacoity and its Punishment

1. INTRODUCTION

Dacoity and robbery are two different offences Dacoity is criminal activity. involving robbery by groups of armed bandits. The word "Dacoity" is the anglicized version of Indian word dakaiti historically spelled clakaiter robbery as an aggravated form of theft.

2. RELEVANT PROVISIONS

Sections 390 to 395 of PPC deal with offences of robbery and dacoity respectively.

3. ROBBERY U/SEC 390

In robbery, there is either theft or extortion.

I. WHEN THEFT AMOUNTS TO ROBBERY

Where robbery as an aggravated form of theft is alleged, following things has to be proved.

(i) Proof of theft is essential for convicting a person robbery

A. Meaning of Theft u/sec 378

Whoever intending to take dishonestly any moveable property out of the possession of any person without  that person's consent, moves that property in order to such taking, is said to commit theft.

B. Ingredients of Theft

Following are the ingredients of theft.

(a) Dishonest intention to take property;

(b) Property must be moveable

(c) That should be in possession of another person

(d) There must be removal or moving of that property.

(e) Without consent of the owner.

ii. Death, Hurt or Wrongful Restraint

Accused should in order to commit theft, either causes or attempts to cause any person's death or hurt him or put him under a wrongful restraint.

(A) Meaning of Wrongful Restraint

It implies an obstruction so as to prevent a person from preceding in any direction where he has right to proceed.

iii. Fear of Death, Hurt or Wrongful Restraint

There may be fear of instant death or of instant hurt or of instant wrongful restraint to the victim to achieve the end specified in section 390.

iv. For the end specified in Sec. 390

The use of violence will no t convert the offence of theft into robbery unless the violence be committed from one of the ends specified in sec. 390 viz to committing of theft or in carrying away or attempting to carry away property obtained by theft.

II. WHEN EXTORTION AMOUNTS TO ROBBERY

Where robbery as an aggravated 'form of extortion is alleged, following things has to be proved.

(i) Extortion

A roof of extortion is essential for convicting a person for robbery.

A. Meaning of Extortion u/sec. 383

Whoever intentionally *puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.

(ii) Fear of Instant Death, Hurt or Wrongful Restraint

There must be extortion by putting the person in fear of instant death or of instant hurt or 'of instant wrongful restraint to that person or to some other person and then by doing so, induces the person so put in fear then and there to deliver up the thing extorted.

Illustration:

`A' obtains property from 'Z' by saying "Your child is in the hands of my gang and will be put to death unless you send us ten -thousand Rs."

This is extortion punishable as such but it is not robbery, unless 'V is put in fear of the death of his child.

(iii) Presence of person put in fear

It is necessary that the extortion must be committed by the offender in the presence of the person put in fear and commits the extortion by putting that person in fear of instant death, hurt or wrongful restraint. The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, hurt or wrongful restraint.

III. Punishment u/Sec 392

Whoever commits robbery shall be punished with rigorous imprisonment for terms which shall not be less than three years nor more ten years and shall also be liable to fine and if the robbery be committed on the highway the imprisonment may be extended to fourteen years.

4. DACOITY

(I) Definition u/s 391

When five more person co-jointly commit or attempt to commit a robbery, or where the whole number of person co-jointly committing or attempting to commit a robbery and person present and aiding such commission or attempt, amount to five or more person every person so committing, attempting or aiding is said to commit Dacoity.

(II) INGREDIENTS OF THE OFFENCE OF DACOITY

The ingredient of the offence of Dacoity are

(i) Five or more person

The number of person committing robbery must be five or more. As robbery becomes dacoity only when it is committed by five or more persons. So in order that an offence of robbery may constitute, the number of persons must be five or more.

(ii) Act co-jointly

The word co-jointly, in union or together. Five or more person must act co-jointly whether directly or indirectly as aiders.

(iii) Act must be robbery

Such act must be robbery or attempt to commit robbery% If the act committed is not robbery or it is not an attempt to commit robbery then the case cannot be of dacoity. So the act committed must be robbery or an attempt to commit robbery.

(iv) Status of person

Such persons must consist of those who themselves have committed or made an attempt to commit robbery or they must of consist of those who has committed or made an attempt to commit robbery and those who were present and aided them in such commission or attempt.

III. PUNISHMENT FOR DACOITY UNDER SECTION 395

Whoever commits Dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which shall not be less than four years nor more than ten years and shall also be liable to fine.

5. DIFFERENCE BETWEEN ROBBERY AND DACOITY

I. AS TO DEFINITION

Robbery has been defined in Section 390 of PPC and Dacoity has been defined in Section 391 of PPC.

II. AS TO NUMBER OF IN PERSONS

In robbery, no fix number of person required. It may be even by a single person but in dacoity fix number of person are required. They must be five or more in numbers.

III. SERIOUSNESS

Robbery is less serious in nature but dacoity is more serious offence than robbery because of the terror caused by the presence number of offenders.

IV. POSITION OF ABETTORS

In Robbery, the abettors are liable independently but In Dacoity abettors who are presently and aiding when the crime is committed are counted in the number.

V. JURISDICTION OF COURT

Robbery may be triable by the Illaqa Magistrate but Dacoity shall be triable by the Court of Session.

VI. PUNISHMENT

Whoever commits robbery shall be punished with rigorous imprisonment for a term which shall not be less than three years, not more than ten years and shall also be liable to fine but Court while convicting a person u/sec. 395, PPC can either sentence him to imprisonment for life or to rigorous imprisonment which cannot be less than four years or more than ten years in addition to fine (1993 SCMR 1058).

VII. POSITION IN HIGHWAY:

If robbery is committed on the highway, the imprisonment may be extended to fourteen years but The fact that the Dacoity committed on the highway, does not change the position or punishment.

ANALYSIS

In last to conclude I can say that when five or more than five persons commits robbery it is called dacoity where number of persons are less than five then robbery.

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