Definition
Robbery committed by five or more persons acting conjointly.
The most serious property offence — robbery committed by a gang of five or more persons, attracting minimum sentences and specific investigation provisions.
Statutory Definition
BNS 2023, Section 310 (formerly IPC Section 391).
Etymology & Origin
From Hindi 'dakait' (dacoit, robber — from Sanskrit 'dasyuputra', son of a robber). The term 'dacoity' is an Anglicisation of the Hindi 'dakaiti' (gang robbery). It has no Latin or Old French etymology — it is one of the few criminal law terms in the IPC derived from South Asian languages, reflecting the colonial administration's need to codify offences specific to the Indian subcontinent.
Full Legal Analysis
Dacoity is defined in Section 310 BNS, 2023 (formerly Section 391 IPC): 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.' Dacoity is the most serious form of property offence in Indian law — the minimum sentence is rigorous imprisonment for 7 years (Section 310 BNS), which may extend to life imprisonment and fine.
The five-person threshold: the five or more persons need not all actively commit the robbery — they include persons 'present and aiding.' A lookout who stands outside while four others rob inside is counted among the five if they are present and aiding the dacoity. However, the five must be established beyond reasonable doubt — if only four are proved to have committed the robbery, the charge is robbery (not dacoity) even if the prosecution claims five were involved. If some of the five accused are acquitted, leaving fewer than five convicted, the surviving convicts cannot be convicted of dacoity — only of robbery.
The Supreme Court held that in a dacoity case, the prosecution must establish beyond reasonable doubt that five or more persons were involved in the commission of the robbery. If the prosecution cannot establish the requisite number of five persons — even by circumstantial evidence — the conviction for dacoity cannot stand and must be reduced to robbery. The Court also held that the acquittal of some of the co-accused during the appeal process, reducing the proved number below five, requires converting the dacoity conviction of the remaining accused to robbery. The five-person minimum is a threshold element, not a mere aggravating factor.
Dacoity with murder: Section 311 BNS — if any member of a dacoity group commits murder in the course of the dacoity, every person committing dacoity shall be punished with death, or with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. This provision is very severe — it is essentially the felony murder rule applied to dacoity — a member who did not personally commit the murder is still equally liable for the murder charge if committed in the course of the dacoity.
For advocates, dacoity cases require: (1) challenging the number of assailants — establishing that fewer than five were proved; (2) where some co-accused have been acquitted, arguing for a reduction of dacoity to robbery conviction; (3) Section 311 BNS — murder during dacoity — where the client did not personally commit the murder, challenging joint constructive liability; and (4) bail — dacoity is a serious non-bailable offence; bail applications require addressing the gravity of the charge and the investigation stage.
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"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'."
Om Prakash: five-person threshold must be proved — reduction to robbery if fewer proved; acquittals reducing number affect remaining convicts; Section 311 BNS: dacoity with murder — all members equally liable; felony murder rule
