Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused committed dacoity as defined in Section 391.
- Five or more persons were involved.
- They acted conjointly in robbery.
- All elements of robbery were present.
- Every person was actively participating or aiding.
Potential Defenses:
- No dacoity was committed.
- Less than five persons were involved.
- The persons did not act conjointly.
- The accused was not actively participating.
Practical Examples
What Constitutes the Offense:
A person convicted of dacoity under Section 391, involving five or more people.
What Doesn't Constitute:
A person convicted of simple robbery, or theft by a single person.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court upheld the severe punishment for dacoity involving multiple persons.
Punishment
Imprisonment for Life, or Rigorous imprisonment up to 10 years and Fine
Related Information
Connected Sections:
This section provides punishment for dacoity. It follows Section 391 (Definition of dacoity).
Procedural Aspects:
Prosecution requires proof of dacoity under Section 391. The case is triable by a Court of Session.