Robbery and dacoity
Introduction:
Robbery is a special and aggravated form of either theft or extortion. ‘robbery’
means a felonious taking from the person of another or in his presence against his
will, by violence or putting him in fear. The chief distinguishing element in robbery
is the presence of imminent fear of violence. Dacoity is a criminal activity
involving robbery by groups of armed bandits.
Relevant provision:
Section 390 to 402 of Pakistan Penal Code, 1860.
Robbery under section 390 of P.P.C:
In all robbery there is either theft or extortion.
When theft is robbery
theft is “robbery” if in order to the committing of the theft, or in committing the
theft, or in carrying away or attempting to carrying away property obtained by the
theft, the offender, for that end, voluntarily causes or attempts to cause to any
person death or hurt or wrongful restraint, or fear of instant death or of instant
hurt, or of instant wrongful restraint.
When extortion is robbery
Extortion is “robbery” if the offender, at the time of committing the extortion, is
in the presence of the person put in fear, and commits the extortion by putting
that person in fear of instant death, of instant hurt, or of instant wrongful
restraint to that person or to some other person, and by, so putting in fear,
induces the person so put in fear then and there to deliver up the thing extorted.
Illustrations:
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s
clothes, without Z’s consent. Here A has committed theft and in order to
the committing of that theft, has voluntarily caused wrongful restraint to Z.
A has therefore, committed robbery.
(b) A meets Z on the high-road, shows a pistol, and demands Z’s purse. Z in
consequence, surrenders his purse. Here A has extorted the purse from Z
by putting him fear of instant hurt, and being at the time of committing the
extortion in his presence. A has therefore committed robbery.
Dacoity under section 391:
When five or more persons conjointly commit or attempt to commit a robbery,
or where the whole number of persons conjointly commit or attempting to
commit a robbery, and the persons present and aiding such commission or
attempt, amount of five or more, every person so committing, attempting or
aiding is said to commit “dacoity”.
Ingredients of the offence of dacoity
The ingredients of the offence of dacoity are:
(i) Five or more persons:
The number of persons committing robbery must be five or more. As
robbery becomes dacoity only when it is committed by five or more
persons.
(ii) Act co-jointly:
The word co-jointly, in union or together. Five or more persons must act
co-jointly whether directly or indirectly as aiders.
(iii) Act must be robbery:
Such an act must be robbery or an attempt to commit robbery.
Difference between robbery and dacoity
Robbery Dacoity
1- robbery has been defined in 1- dacoity has been defined in
the section 390 of P.P.C. the section 391 of P.P.C.
2- seriousness 2- dacoity is more serious
robbery is less serious in offence than robbery
nature. because of the terror
3- Jurisdiction of courts caused by the presence of
robbery may be triable by number of offenders.
the illaqa magistrate. 3- Dacoity shall be triable by
4- Punishment the court of session.
In robbery, the real 4- Whereas in dacoity, every
wrongdoer is punished. member of the gang of
5- Prescence of offender dacoity is punished,
The offender of robbery whether he takes active
should be present at the part or not.
time of committing and 5- However, every member of
should create fear of death dacoity group need not be
in the mind of victim. present at the victim. In a
6- Position in highway circumstance, where one is
If robbery is committed on watching at the center and
highway, the imprisonment another at the door of the
may extend to fourteen house commit terror in the
years. minds of the owner, all the
members are liable.
6- The fact that the dacoity
committed on highway,
does not change the
position or punishment.
Punishment for robbery under section 392:
Whoever commits robbery shall be punished with rigorous imprisonment for a
term which shall not be less than three years or more than ten years, and shall
also be liable to fine, if the robbery be committed on highway, the imprisonment
may extend to fourteen years.
Case law
Omprakash vs. State
In this case, the accused committed a highway robbery. They looted the
passengers of the bus. The trial court imposed punishment for life. On appeal high
Court upheld it.
Attempt to commit robbery under section 393:
Whoever attempts to commit robbery shall be punished with rigorous
imprisonment for a term which may extend to seven years and shall also be liable
to fine.
Voluntarily causing hurt in committing robbery
Under section 394:
If any person, in committing robbery or attempting to commit robbery voluntarily
causes hurt, such person and any other person voluntarily concerned in
committing or attempting to commit such robbery shall be punished for
imprisonment for life or with rigorous imprisonment for a term which shall not be
less than four years and shall also be liable to fine.
Punishment for dacoity under section 395:
Whoever commits dacoity shall be punished with imprisonment for life, or with
rigorous imprisonment which shall not be less than four years nor more than ten
years, and shall also be liable to fine.
Dacoity with murder
Under section 396:
If any one of the 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 four years nor more than ten years and shall also be
liable to fine.
Case law
(Shyam Behari vs. the state of Uttar Pardesh)
In this case, the dacoit killed one of the victims, who had caught the robber’s
associate in an attempt to commit dacoit. The robber was convicted under
Section 396 of P.P.C because any murder committed by the dacoits during their
fight would be treated as murder.
Robbery or dacoity with attempt to cause death or grievous hurt:
Under section 397:
If at the time of committing robbery or dacoity, the offender uses any deadly
weapon, or causes grievous hurt to any person, or attempts to cause death or
grievous hurt to any person, the imprisonment with which such offender shall be
punished shall not be less than seven years.
Attempt to commit robbery or dacoity when armed with deadly weapons
Under section 398:
If at the time of committing robbery or dacoity, the offender is armed with deadly
weapons, the imprisonment with which such offender shall be punished shall not
be less than seven years.
