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L8 Offence of Dacoity under Indian Penal Code
L8 Offence of Dacoity under Indian Penal Code
The Indian Penal Code dates back to year 1860. The Britishers were significantly affected by freedom fighters because they tried to weaken British forces by raiding their arms, ammunitions and treasury. Besides it, there was genuine rampage of dacoits in the society. So, the Britishers put stringent focus on the offence of dacoity under Indian Penal Code. The punishment for the offence is also very strict.
In every dacoity , there is robbery.
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 aidingsuch commission or attempt, amount to five or more, every person so committing, attempting or aiding , is said to commit dacoity.
Thus, essential elements of dacoity are:
1. 5 or more persons;
2. conjointly;
3. commit robbery or attempt to commit a robbery.
Robbery becomes dacoity only when there are 5 or more persons. If there less than 5 persons , no question of dacoity will arise. Even if their attempt is failed , the offence would be of dacoity. The commission of the offence or the attempt to commit the offence must be conjointly done by all 5 or more persons involved.
All the persons involved would be charged with the same offence of dacoity. No person involved, can claim that he has not use force. All of them would be equally liable irrespective of their respective roles. The persons present there and aid the offence are called as Abettors and they are also counted in the number.
The punishment for dacoity is imprisonment for life, or with rigorous imprisonmentfor a term which may extend to ten years, and shall also be liable to fine. The offence of dacoity is very serious as it creates great terror in the minds of victims due to the presence of offenders. The society is also terrorised due to offence of dacoity.
The word 'conjointly' here signifies concerted action of all the persons. All the persons involved should have a common intention of committing robbery.
The punishment is more stringent in case of dacoity with murder. If any one of the offender , in committing dacoity commits murder, every person involved in dacoity would be punished with death or imprisonment for life , or rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.
Even, preparation for the offence of dacoity is also punishable. In general, preparation for committing an offence is not punishable. For example, if you want to beat a person for which you buy a stick, you will not be punished for buying unless you try to hit him. But, such is not the case with dacoity. If you buy a gun to commit dacoity, you can be punished for the same. The punishment in this case is rigorous imprisonment which may extend to ten years and shall also be liable to fine.
So, the offence of dacoity is one of the few crimes which is punishable at every stage i.e preparation , attempt and commission.
