Section Overview
Section Number:
IPC Section 391
Section Title:
Dacoity
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with substantially similar provisions relating to dacoity.
Applicability:
IPC Section 391 applies when:
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Robbery is committed or attempted;
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Five or more persons act together;
-
The offenders act conjointly in committing or attempting robbery.
👉 Section 391 defines dacoity. Punishment is provided under Section 395 IPC.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 391 ka simple matlab hai ki jab 5 ya usse zyada log milkar robbery karte hain, to us offence ko dacoity kaha jata hai.
Simple words mein:
"5 ya zyada logon dwara ki gayi robbery = Dacoity."
Legal Definition
According to IPC Section 391:
When five or more persons conjointly commit or attempt to commit robbery, every person involved is said to commit dacoity.
The law also covers:
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Persons actually committing robbery;
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Persons attempting robbery;
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Persons aiding the commission of robbery while being part of the group.
Essential Ingredients
Robbery Must Exist
Dacoity is based upon robbery.
Without robbery or attempted robbery, dacoity cannot arise.
Minimum Five Persons
There must be:
-
Five or more offenders.
If the number falls below five, the offence may remain robbery but not dacoity.
Conjoint Action
The offenders must act together with a common purpose.
Participation in Crime
Actual theft by each person is not required.
Participation in the group activity is sufficient.
Difference Between Robbery and Dacoity
| Robbery | Dacoity |
|---|---|
| Can be committed by one or more persons | Requires at least 5 persons |
| Defined under IPC Section 390 | Defined under IPC Section 391 |
| Less severe | More serious due to group participation |
👉 Every dacoity is robbery, but every robbery is not dacoity.
Punishment Framework
IPC Section 391 only defines dacoity.
Punishment is provided under:
IPC Section 395
Punishment for Dacoity
IPC Section 396
Dacoity with Murder
IPC Section 397
Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt
IPC Sections 398–402
Related aggravated dacoity offences
IPC ↔ BNS Mapping
IPC Section
IPC Section 391
BNS Equivalent
The Bharatiya Nyaya Sanhita retains provisions relating to:
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Dacoity;
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Armed group robbery;
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Organized violent property offences.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Highway Dacoity
Six armed persons stop vehicles and rob passengers.
This amounts to dacoity.
Example 2: House Dacoity
Five persons enter a house and commit robbery.
Section 391 applies.
Example 3: Bank Loot by Gang
A group of five or more persons jointly commits robbery in a bank.
This constitutes dacoity.
Example 4: Attempted Group Robbery
Five persons jointly attempt robbery but fail.
The offence may still amount to dacoity.
Landmark Judgments
Case Name:
Shyam Behari v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
Conjoint participation and common intention are essential in dacoity cases.
Case Name:
Ram Shankar Singh v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
Presence and active participation may establish liability even if an accused did not personally remove property.
Case Name:
Ashfaq v. State (Govt. of NCT of Delhi)
Court:
Supreme Court of India
Key Takeaway:
Group participation in violent robbery attracts enhanced criminal liability.
Legal Insights
When Is Section 391 Applied?
Section 391 becomes relevant when:
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Robbery is committed by a group;
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Five or more persons are involved;
-
Common criminal purpose exists.
Common Misuse Scenarios
Number Below Five
If fewer than five persons are involved, dacoity may not be established.
Mere Presence
Mere presence at the scene may not always prove participation.
Lack of Common Intention
Independent acts without coordination may not amount to dacoity.
Misidentification
Large group offences often involve identification disputes.
Defenses Available
Not Part of the Group
The accused was not involved in the offence.
No Conjoint Action
No common intention or participation existed.
Number Requirement Not Satisfied
Fewer than five persons were involved.
False Identification
Mistaken identity or wrongful implication.