IPC Section 391 - Dacoity
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".
Official Text
“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".”
Legal Analysis
Elements to Prove:
- Five or more persons were involved.
- They acted conjointly (together).
- They committed or attempted robbery.
- Every person was actively participating or aiding.
- All elements of robbery were present.
Potential Defenses:
- Less than five persons were involved.
- The persons did not act conjointly.
- No robbery was committed or attempted.
- The accused was not actively participating.
Practical Examples
What Constitutes the Offense:
A group of five people robbing a bank together, or multiple people aiding in a robbery.
What Doesn't Constitute:
A single person committing robbery, or less than five people involved.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized that dacoity requires five or more persons acting conjointly in robbery.
Punishment
This is a definitional section. Punishment is provided in Section 395.
Related Information
Connected Sections:
This section defines dacoity. It is followed by Section 395 (Punishment for dacoity) and related to robbery.
Procedural Aspects:
Prosecution requires proof of five or more persons acting conjointly. The case is triable by a Court of Session.