About this topic
Dacoity, often called gang robbery, is dealt with in Section 310 of the B.N.S. It is one of the few offences that the law punishes at almost every stage: preparation, assembly, attempt, commission and even habitual gang membership. Two problems frame the topic.
Problem 1: Near Jhansi, a truck driver, Prince, is robbed at knifepoint by what he says were six men. The police catch only two. Is this dacoity?
Problem 2: Police find seven men in a disused brick kiln with iron rods, ropes and a map of a jewellery shop. Nobody has been robbed yet. Is any offence committed at all?
Both problems are answered at the end of these notes.
Foundation: robbery
Dacoity is built on robbery. Section 309 of the B.N.S., 2023 provides: "In all robbery there is either theft or extortion."
- Robbery is theft or extortion where the offender causes, attempts, or instantly threatens death, hurt or wrongful restraint.
- Dacoity adds numbers to robbery. That is why it is called gang robbery.
Definition of dacoity: Section 310(1)
"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."
Three keys of the definition
- Number: five or more persons.
- Togetherness: "conjointly" means acting together towards one goal.
- Role: each person must be committing, attempting, or present and aiding the commission or attempt.
Dacoity = robbery (or attempted robbery) + five or more persons + acting conjointly + each person committing, attempting, or present and aiding. Persons present and aiding are counted towards the figure of five.
Four men rob a jewellery shop in Indore while a fifth keeps watch outside. The lookout touches nothing, yet he is present and aiding, so the count reaches five and all five commit dacoity.
A man who supplied a fake number plate but stayed at home is not counted towards the five, though he may be liable as an abettor.
Attempt is part of the definition
The definition uses the words "commit or attempt to commit a robbery". So dacoity is complete even when the robbery itself fails.
A gang of five threatens a shopkeeper but flees empty-handed when an alarm rings. Dacoity is still committed.
Punishment for dacoity: Section 310(2)
"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."
Because the attempt sits inside the definition itself, an attempted dacoity carries the same punishment as a completed one.
Section 62, the general provision on attempt, has no role in dacoity. It applies only where no express provision for the attempt exists, and Section 310 expressly covers the attempt.
Dacoity with murder: Section 310(3)
A group overpowers resistance and makes violence more likely. The law therefore holds every member liable when one of them kills.
"If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine."
If one member of the Indore gang kills the shopkeeper, even the lookout outside faces punishment under Section 310(3): death, imprisonment for life, or rigorous imprisonment of at least ten years, with fine.
Stages before dacoity
Mere thought is never punished. But in dacoity the law reaches far back, even before any robbery is attempted.
Preparation: Section 310(4)
"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."
Assembling for dacoity: Section 310(5)
"Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine."
Here the assembly itself is the offence.
Belonging to a gang of dacoits: Section 310(6)
"Whoever belongs to a gang of persons associated for the purpose of habitually committing 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."
Habitual gang membership is enough. No proof of any particular plan is needed.
Summary of Section 310
| Sub-section | Conduct | Punishment |
|---|---|---|
| 310(1) | Definition: five or more persons conjointly committing or attempting robbery, counting those present and aiding | — |
| 310(2) | Committing dacoity (including attempt) | Imprisonment for life, or RI up to 10 years, and fine |
| 310(3) | Murder by any one of the dacoits in committing dacoity | Every one: death, or imprisonment for life, or RI not less than 10 years, and fine |
| 310(4) | Preparation for dacoity | RI up to 10 years and fine |
| 310(5) | Being one of five or more assembled for dacoity | RI up to 7 years and fine |
| 310(6) | Belonging to a gang associated for habitually committing dacoity | Imprisonment for life, or RI up to 10 years, and fine |
Few offences are punished at so many stages. Dacoity is punishable at preparation (310(4)), assembly (310(5)), attempt and commission (310(1) and (2)), aggravated commission with murder (310(3)), and habitual gang membership (310(6)).
Weapons and grievous hurt: Sections 311 and 312
The use of weapons adds a minimum sentence.
- Section 311: an offender who, while committing robbery or dacoity, uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt, gets at least seven years.
- Section 312: the same minimum of seven years applies to an offender who is armed with a deadly weapon while attempting robbery or dacoity.
| Point | Section 311 | Section 312 |
|---|---|---|
| Stage | While committing robbery or dacoity | While attempting robbery or dacoity |
| Trigger | Uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt | Armed with a deadly weapon |
| Minimum | Seven years | Seven years |
Solving the two problems
The men in the brick kiln
The seven men robbed nobody. Still, being five or more persons assembled for the purpose of dacoity, they are liable under Section 310(5). Their iron rods, ropes and map of the jewellery shop show preparation under Section 310(4).
Prince, the truck driver
The court counts those proved to have taken part, not merely those in the dock.
- If six participants are established and four were never identified, the two who were caught can be convicted of dacoity.
- If five or more participants are not proved, for example because some accused are acquitted and no one else is shown to be involved, dacoity fails, though robbery may remain.
Exam tip: the requirement of five is about the number of persons proved to have participated, not the number of persons tried or convicted. Fewer than five accused can be convicted of dacoity if the participation of five or more is established.
Quick revision
- Count the people: five or more, including those present and aiding.
- Check their roles: committing, attempting, or present and aiding, all acting conjointly.
- See how far back the law reaches: preparation, assembly and habitual gang membership are separately punishable under Section 310(4), (5) and (6).
