The term dacoity is a term used for “banditry” in India. It means a number of people taking something belonging to another with force, fear and violence. It is the crime of stealing money or other valuables from someone, especially one that is committed by an armed gang. It can be understood as a violent form of theft or extortion. Since new criminal laws are in action, knowing what constitutes dacoity in BNS is important. Let us explore how a simple theft turns horrible and can be categorised as dacoity under Bharatiya Nyaya Sanhita, 2023.
Dacoity Section in BNS
Section 310 of the Bharatiya Nyaya Sanhita, 2023 defines what constitutes the offence of dacoity in law. The offence of Dacoity in IPC was defined under Section 391 of the Indian Penal Code, 1860. Section 310 of BNS carries forward the same legal idea that existed under Section 391 of IPC. However, the dacoity Section in BNS expands and structures it more clearly. While in BNS, the offence was defined under one provision and the punishment for dacoity was laid in another, Section 310 of BNS defines and states the dacoity punishment altogether. b
The provision reads as:
“310. Dacoity – (1)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.”
Comment: Dacoity is classified as the scary, violent and crowded version of a robbery. It is the crime of committing or attempting robbery by five or more persons. Those who commit, attempt or aid the said robbery are all counted for the purpose of the dacoity Section in BNS. All the participants are punished accordingly.
“(2) Whoever commits dacoity shall 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.”
Comment: Sub-Section 2 of Section 310 lays the dacoity Punishment in BNS. Anyone who commits dacoity is punishable with life imprisonment, or rigorous imprisonment for 10 years or less, along with fine. What can be understood with punishment for dacoity is that there is no minimum imprisonment clarified. There is a range of imprisonment for maximum 10 years, or imprisonment for life.
“(3) 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 imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.”
Comment: The provision here discusses the possibility of murder while committing dacoity. In such a case, the punishment gets severe with death penalty, or life imprisonment, or minimum rigorous imprisonment of 10 years, with fine. The difference made with committing murder during dacoity is the inclusion of capital punishment and 10 years of RI being the minimum range.
“(4) 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.”
Comment: The previous provisions related to dacoity discussed the circumstances where there is dacoity committed or attempted. The aforementioned Sub-Section 4 of Section 310 talks about punishment for dacoity preparation. Anyone preparing to commit dacoity may face rigorous imprisonment for a maximum term of 10 years with fine.
“(5) Whoever is 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.”
Comment: Since dacoity is committed by 5 or more people, even one who assembled for the purpose is punishable with a maximum 7 years of RI with fine.
“(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall 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.”
Comment: This one does not focus upon the specific act of dacoity but the association committing the offence. Anyone who is a member of gang of dacoits is punishable with life imprisonment or rigorous imprisonment for maximum 10 years with fine.
Dacoity Essentials in Law
The essentials of the offence of dacoity have been pointed out below:
1. Commission or Attempt to Commit Robbery
- Dacoity is essentially an aggravated form of robbery.
- There must be either a robbery actually committed or at least an attempt to commit robbery.
- Robbery itself includes theft or extortion carried out with immediate fear of violence.
2. Involvement of Five or More Persons
- This is the defining characteristic of dacoity.
- The act must involve five or more persons acting conjointly. It means people involved with a shared intention and participation.
- Even if one person merely aids or abets the act, as long as the total number of participants (including helpers) is five or more, the offence becomes dacoity.
3. Common Intention or Conjoint Action
- The group must act in concert. In other words, there must be a meeting of minds to commit or attempt the robbery together.
4. Presence of Force, Fear, or Violence
- As robbery inherently involves violence or threat of violence, dacoity also includes this element.
- The use or threat of force must be present while committing or attempting dacoity.
5. Mens Rea (Criminal Intention)
- To commit dacoity in BNS, there must be an intention to commit robbery. To dishonestly take property from another person using or threatening force is dacoity.
6. Participation or Aiding
- Every person who takes part, attempts, or aids in the commission of robbery by a group of five or more is guilty of dacoity.
- Active participation is not required, since mere presence with the intent to help can be enough.
7. Preparatory and Assembly Stages Are Also Punishable
- Even preparing for dacoity or assembling with the intent to commit it are separate offences of dacoity under BNS.
Dacoity Punishment in BNS
Dacoity is punishable differently for acts committed in a different pattern, as depicted below:
- Dacoity Punishment: Dacoity in general is punishable with life imprisonment or up to 10 years of RI, with fine. The court can impose life imprisonment or a fixed term, depending on the gravity of the act such as use of weapons, extent of violence, and harm caused.
- Dacoity with Murder: Committing murder to carry out dacoity attracts death penalty, life imprisonment or minimum 10 years RI with fine. This reflects the principle that a group engaged in a violent, organized crime bears collective moral and legal responsibility for any fatal consequences.
- Preparation for Dacoity: Preparations like such as gathering weapons, planning the act, or scouting a location are also punishable. Dacoity punishment in BNS for preparation is rigorous imprisonment up to 10 years, and fine. The law aims to prevent dacoity before it happens, recognizing that preparation indicates organized intent.
- Assembling for Dacoity: If five or more persons assemble with the intention of committing dacoity, even if they haven’t yet begun, it is also a punishable with RI up to 7 years with fine. The purpose is to allow Police to intervene early against organized gangs.
- Gang of Dacoits: If a person is part of a gang known for habitually committing dacoity, even without being caught in a specific act, they are also punished. This targets career criminals and organized gangs. The punishment is the same as committing dacoity.
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