IPC Section 391 - Dacoity: Definition and BNS Section 310
Dacoity is a form of robbery involving at least five persons jointly committing or attempting robbery, including persons present and aiding the act. The current corresponding provision is Section 310(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Definition of dacoity under IPC Section 391
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".
This is the substantive definition in the original IPC provision. The corresponding definition is retained in BNS Section 310(1).
Essential ingredients of dacoity
- At least five persons: The total includes those conjointly committing or attempting robbery and those present and aiding it.
- Robbery or attempted robbery: The underlying conduct must amount to robbery or its attempt, not merely any theft.
- Joint participation: The participants must act conjointly in the relevant offence or attempt.
- Presence and aid: A person present and aiding the commission or attempt may be counted towards the required five.
Current law: BNS Section 310
Section 310 consolidates the definition and several associated dacoity offences and penalties that appeared in separate provisions of the IPC.
| BNS provision | Subject | Penalty |
|---|---|---|
| 310(1) | Definition of dacoity | Definition; punishment under subsection (2) |
| 310(2) | Commission of dacoity | Imprisonment for life or rigorous imprisonment up to 10 years, and fine |
| 310(3) | Murder committed by one of the persons conjointly committing dacoity | Death, life imprisonment, or rigorous imprisonment of at least 10 years, and fine |
| 310(4) | Preparation to commit dacoity | Rigorous imprisonment up to 10 years, and fine |
| 310(5) | Being one of five or more assembled for dacoity | Rigorous imprisonment up to 7 years, and fine |
| 310(6) | Belonging to a gang associated for habitual dacoity | Life imprisonment or rigorous imprisonment up to 10 years, and fine |
Difference between robbery and dacoity
Robbery is defined in BNS Section 309 (formerly IPC Section 390). Dacoity under BNS Section 310(1) requires the involvement of at least five persons as specified in the definition. A robbery committed by fewer than five persons does not become dacoity merely because it is violent.
Examples of dacoity
Example 1: Five persons jointly threaten a shopkeeper with immediate harm and take cash. If the ingredients of robbery are proved, their conduct may constitute dacoity.
Example 2: Four persons attempt a robbery while a fifth person is present and actively aids the attempt. The fifth participant can be counted under the statutory definition.
Example 3: Three persons commit robbery without any other person present and aiding. On those facts alone, the five-person requirement for dacoity is not satisfied, although robbery may be established.
Nature of offence and court jurisdiction
The offence of committing dacoity under BNS Section 310(2) is cognizable and non-bailable, and is triable by a Court of Session, as classified under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Non-bailable does not mean bail is legally impossible; bail is subject to applicable statutory rules and judicial discretion.
Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023
- Bureau of Police Research and Development - BNS text (PDF)
- National Crime Records Bureau - BNS sections
Frequently asked questions
How many persons are required for dacoity?
At least five persons must conjointly commit or attempt robbery, counting persons present and aiding the commission or attempt.
Is an attempted robbery by five persons dacoity?
Yes. Section 310(1) expressly includes conjoint attempts to commit robbery.
What is the punishment for dacoity under BNS?
Under section 310(2), imprisonment for life or rigorous imprisonment up to ten years, and fine.
Is dacoity bailable?
Dacoity under BNS section 310(2) is cognizable and non-bailable and is triable by a Court of Session.
Disclaimer: This article provides general legal information. The applicable provision depends on the date and facts of the alleged offence and subsequent legal developments.