BACK TO SECTIONS(2016) 15 SCC 108
Non-BailableCognizable: CognizableCourt of Session
THE STATUTE
Original Text
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'.
Simplified
Dacoity is simply robbery by five or more persons — the five-person threshold is the only formal distinction from robbery. The threshold captures the qualitative difference: five or more creates a situation where resistance is futile, escape is cut off, and the terror is collective and overwhelming. Every participant — those who rob, those who attempt, and those present and aiding (lookouts, drivers) — is equally liable as a dacoit.
Legal Evolution
Section 391 defines dacoity — the distinctive Indian category of gang robbery — as robbery committed by five or more persons conjointly. The provision reflects the historical reality of organized banditry in colonial India, including the Pindaris and Thuggee movements that prompted special suppression legislation. The collective element distinguishes dacoity from ordinary robbery and carries the harshest punishments in the IPC's property offence scheme.
Landmark Precedents
Budha v. State of Rajasthan (2016)
RELEVANCE
The five-person dacoity threshold requires all five to be conjointly committing or aiding — persons present but not participating cannot be counted toward the threshold.
Practical Scenarios
"A gang of 6 who rob a rural bank — dacoity, all six including the getaway driver equally liable."
"Six people who collectively invade a home and rob the occupants — dacoity."
Common Queries
The only difference is the number of participants. If 5 or more people commit a robbery, it is legally called Dacoity.