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Sree Priya   26 January 2021

Robbery

Is dacoity and robbery same? If no, may I know the difference?


Learning

 2 Replies

Kevin Moses Paul   26 January 2021

The difference between both the meaning of the terms DACOITY and ROBBERY in Indian law is explained below.

The term "DACOITY" has been defined under Section 391 of Indian Penal Code (IPC), 1860.

Dacoity under IPC states - 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”.

Section 390 of the Indian Penal Code (IPC), 1860 deals and defines robbery. The Section further states that all robbery there is either theft or extortion.

Therefore, the two scenarios/situations are illustrated below.

1.) 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 carry 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.

2.) 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.

175B083 Mahesh P S   30 January 2021

Hello,

In order to understand Robbery and dacoity, one needs to understand the concept of theft and extortion. So, in this article before going to robbery and dacoity, theft and extortion has been explained with the relevant examples and relevant case laws. These are important to understand because these terms may seem to be similar but they are different in its legal application. They are often used interchangeably.

Kindly go through the link below for more output:

https://www.lawyersclubindia.com/articles/student-notes-ipc-robbery-and-dacoity-section-390-to-402-12000.asp
Thank you


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