Differences between robbery and dacoity

Detailed Differences between Robbery and Dacoity-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Detailed Differences between Robbery and Dacoity-

Tanmoy Mukherji

Advocate


Basis

 

Robbery

 

Dacoity

 

Section

 

Sec 309 BNS defines robbery.

 

Sec 310 BNS defines dacoity.

 

Definition

 

Robbery is an aggravated form of theft or extortion committed by using or threatening immediate violence.

 

Dacoity is robbery committed by 5 or more persons acting conjointly.

 

Nature of offence

 

Offence against property involving violence or intimidation.

 

Aggravated form of robbery involving organised group crime.

 

Minimum no. of offenders

 

Can be committed by one or more persons.

 

Must be committed by 5 or more persons acting together.

 

Essential Ingredient

 

Theft or extortion accompanied by violence or fear of death, instant death, hurt, or wrongful restraint.

 

All the ingredients of robbery + the participation of 5 or more persons acting conjointly.

 

Participation

 

Even a single offender can commit robbery.

 

Every member of the group is liable if 5 or more persons act conjointly, even if not all actually removed the property.

 

Planning

 

May be spontaneous or planned.

 

Often involves prior planning and co-ordinated action, though prior planning is not a legal requirement.

 

Public Impact

 

Usually affects 1 victim or a limited no. of victims.

 

Creates greater fear and causes a larger threat to public order because of group participation.

 

Gravity of offence

 

Serious offence.

 

More heinous and more serious than robbery.

 

Punishment

 

Severe punishment under the BNS.

 

More severe punishment due to the greater social danger caused by organised group crime.

 

Preparation

 

Mere participation is generally not punishable.

 

The BNS contains specific provisions punishing preparation to commit dacoity reflecting its seriousness.

 

Liability

 

Individual liability based on personal participation.

 

Joint liability extends to all persons acting conjointly in the dacoity.

 

Example

 

One person snatches jewellery at knife-point.

 

5 or 6 persons armed with weapons jointly loot a man.

 

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