Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused made preparation for committing dacoity.
- The preparation was intentional and not accidental.
- The preparation was substantial and not trivial.
- The preparation was for dacoity specifically.
- The preparation was not for other lawful purposes.
Potential Defenses:
- No preparation was made.
- The preparation was not for dacoity.
- The preparation was for lawful purposes.
- The accused had no intention to commit dacoity.
Practical Examples
What Constitutes the Offense:
A person gathering weapons and planning with others for dacoity, or organizing logistics for group robbery.
What Doesn't Constitute:
A person thinking about robbery, or making general preparations not related to dacoity.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized the punishment for making preparations to commit dacoity.
Punishment
Rigorous imprisonment up to 10 years and Fine
Related Information
Connected Sections:
This section provides punishment for preparing to commit dacoity. It follows Section 398.
Procedural Aspects:
Prosecution requires proof of substantial preparation for dacoity. The case is triable by a Court of Session.