Difference between Robbery and Dacoity in BNS

Criminal laws in India list various acts which constitute offences and are punishable. Earlier, the offences were defined in the Indian Penal Code, 1860. Since the same has been repealed, the Bharatiya Nyaya Sanhita, 2023 is the new law governing offences. Among the various crimes defined, robbery and dacoity are two serious crimes under the Bharatiya Nyaya Sanhita, 2023. While both involve theft and force, the key distinction between the two lies in the number of offenders involved. Robbery was defined under Section 392 of IPC which changed to Section 309 of BNS, whereas dacoity was defined under Section 391 of IPC which is now incorporated under Section 310 of BNS. This article explores the key elements of dacoity and robbery, citing the relevant case laws and examining the key differences between robbery and dacoity.

Robbery and Dacoity in BNS

Robbery under Bharatiya Nyaya Sanhita

According to Section 309 of the BNS Act, 2023:

1. Robbery includes either theft or extortion.
2. Theft becomes robbery when the offender causes or attempts to cause death, hurt, or wrongful restraint, in order to commit the theft.
3. Extortion becomes robbery when the offender puts the person in fear of instant death, hurt, or wrongful restraint, in order to induce the person to deliver the thing extorted.

Punishment for Robbery

• A person who commits the offense of robbery shall be punished with rigorous imprisonment for a maximum term of 10 years. If such robbery was committed on a highway between sunset and sunrise, the imprisonment may extend to 14 years.

• A person who attempts to commit the offense of robbery i.e. when the offense of robbery is not completed, shall be punished with rigorous imprisonment for a term extendable up to 7 years with fine.

• A person who voluntarily causes hurt while committing or attempting robbery shall be punished with imprisonment for life or rigorous imprisonment of maximum 10 years with fine.

Illustrations of Robbery

1. A snatches B’s gold chain and caused hurt in the process of committing of theft. This is robbery because A has voluntarily caused hurt in order to commit theft.
2. A threatens B to kill him if he doesn’t deliver him the gold ornaments he possesses. B, under the fear of death, delivers him the ornaments. Here, A has committed the offense of robbery as B has delivered him ornaments under fear.

Case Laws on Robbery

Venu @ Venugopal And Ors vs State Of Karnataka (2008)

While looking at the provision defining robbery under IPC, the Supreme Court held that “The provision defines robbery which is theft or extortion when caused with violence of death, hurt or wrongful restraint. When there is no theft committed, then as a natural corollary there cannot be robbery. Robbery is only an aggravated form of offence of theft or extortion. Aggravation is in the use of violence of death, hurt or restraint. Violence must be in course of theft and not subsequently. It is not necessary that violence actually should be committed but even attempt to commit it is enough.”

Ram Ratan v. State of Madhya Pradesh (2021)

In this case, the complainant was sleeping in the hut constructed in the field, when the offenders approached him with a gun and pointed towards him threatening him to give him the money. Since the complainant was not having any money, they took away his bike. The Supreme Court stated that the offender participated in the offence of committing robbery which is proved by the recovery of stolen bike, the conviction was upheld by the court and held him liable under Section 392 IPC.

Dacoity under Bharatiya Nyaya Sanhita 2023

According to Section 310 of BNS Act, 2023, A robbery becomes dacoity when five or more persons commit or attempt to commit robbery. Every person involved in the act of dacoity is called as dacoits.

Punishment for Dacoity

• A person who commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment of 10 years with fine.

• Any one of five or more persons who while committing dacoity, commits murder, shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term not less than ten years, with fine.

• A person who makes the preparation for the commission of offense of dacoity shall be punished with imprisonment for maximum period of ten years.

• A person who is assembled with five or more persons for the purpose of committing dacoity shall be punished with rigorous imprisonment of up to seven years.

• Every person who belongs to a gang of persons who are habitual offenders of dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment extendable up to 10 years with fine.

Illustrations of Dacoity

A gang of eight men armed with weapons enter a jewel shop and loots jewellery while threatening the employees and the customers present there with a pistol in their hands. This is the offense of dacoity because here robbery is committed by more than five people.

Case Law on Dacoity

Mohammad Wajid v. State of U.P. (2023)

FIR was registered against two accused for the offense of dacoity and few other offenses. The court noted that the essentials of the offence of dacoity under IPC Section 395 were not satisfied. Therefore, the Court quashed the FIR.

Difference between Robbery and Dacoity

The difference between robbery and dacoity has been simplified by our intern, Ms Mickhita Bansal. She has been assisting the team in bringing informational legal blogs.