AI Overview...
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Robbery and Dacoity - Both are serious offenses under the Indian Penal Code (IPC). Dacoity involves a group of five or more persons committing a robbery, often with weapons, and can include causing grievous hurt or death. Robbery (Section 392 IPC) involves theft combined with violence or threat, and attempts to commit these offenses are also punishable under specific sections Ashok Mariappa Dedhe VS State of Maharashtra - Bombay, RAMESH @ TILLU VS STATE - Delhi.
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Elements and Definitions - Section 395 IPC defines dacoity as a gang of five or more persons committing or attempting to commit robbery. The act of attempting to commit robbery or dacoity, especially with deadly weapons or causing harm, is considered an attempt and is punishable under Sections 393 and 395 IPC. The words attempt to commit robbery or dacoity in Section 398 IPC indicate that even unsuccessful attempts are criminal offenses Hari Ram VS The State of Rajasthan - Rajasthan, Raju Allay Raja Ram Mandal VS State Of Bihar - Patna.
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Participation and Common Intention - Not all participants in a robbery or dacoity are necessarily guilty of the substantive offense. Merely being present or involved without a common intention or active participation may not suffice for conviction. For instance, a driver of a vehicle used in the commission of the offense was held not to have a common intention to commit dacoity Ashok Mariappa Dedhe VS State of Maharashtra - Bombay, Harisha VS State Of Karnataka By Malleshwaram Police Station, Rep By Its Public Prosecutor - Karnataka.
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Charges and Amendments - Changing charges from dacoity to robbery requires proper legal procedure and sufficient evidence. Improper amendments can prejudice the accused. Evidence must establish participation in the actual commission or attempt of robbery/dacoity to sustain conviction Paimullah VS Emperor - Calcutta.
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Punishment - The substantive offense of attempted robbery or dacoity is regulated by Sections 393 and 395 IPC, with minimum punishments often prescribed (e.g., at least seven years under Section 397 IPC if deadly weapons are used). The law also provides for enhanced penalties under aggravating circumstances, such as causing injury or using deadly weapons Firoz VS State of Delhi - Delhi, Raju Allay Raja Ram Mandal VS State Of Bihar - Patna.
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Actual commission vs. absence - Convictions can be reduced or sentences mitigated if it is proven that no actual robbery or dacoity occurred, emphasizing the importance of proof of commission or attempt Sukhwinder Singh Alias Badshah VS State Of Haryana - Punjab and Haryana.
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Participation in Multiple Cases - Accused involved in multiple cases of robbery/dacoity can be convicted based on evidence linking them to those crimes, and their involvement in repeated offenses can influence sentencing Harisha VS State Of Karnataka By Malleshwaram Police Station, Rep By Its Public Prosecutor - Karnataka.
Analysis and Conclusion:
Robbery and dacoity are distinct but related offenses under Indian law, with dacoity generally involving a group of five or more persons. The law distinguishes between actual commission and attempt, with specific provisions for punishment in each case. Evidence of participation, common intention, and the use of weapons are critical for conviction. Improper legal procedures, such as incorrect charge amendments, can affect the outcome. Ultimately, conviction depends on establishing the accused’s active involvement in the commission or attempt of these offenses, with penalties varying based on circumstances and severity Ashok Mariappa Dedhe VS State of Maharashtra - Bombay, Hari Ram VS The State of Rajasthan - Rajasthan, Paimullah VS Emperor - Calcutta, Firoz VS State of Delhi - Delhi.
Search Results for "Robbery or Dacoity"
2007 0 Supreme(Bom) 559 • India - Bombay
J.H.BHATIA
/dacoity - Accused was driver of sumo jeep used by other accused person for committing offence of robbery/dacoity - Merely because ... Criminal Procedure Code, 1973 - Section 227 - Penal Code, 1860, Section 395 - Application for discharge - Rejection - Offence of robbery ... From the material collected by the police, it appears that there is nothing to show that the present petitioner had any common intention in the offence of committing robbery or dacoity alongwith the accused nos....
1978 0 Supreme(Raj) 246 • India - Rajasthan
K.D.SHARMA
where robbery or dacoity is actually committed. ... ROBBERY - SECTION 398, INDIAN PENAL CODE - APPLICABILITY - ATTEMPT TO COMMIT ROBBERY OR DACOITY - SECTION 392, INDIAN PENAL CODE ... or dacoity. ... Section 398, Indian Penal Code opens with the words If at the time of attempting to commit robbery or dacoity...." ... These words clearly indicate that Section 398, Indian Penal Code merely relates to cases where the offender, having armed himself with....
1911 0 Supreme(Cal) 373 • India - Calcutta
N. CHATTERJEA, HOLMWOOD
Whether the amendment of the charge from dacoity to robbery was proper. ... Whether the evidence was sufficient to convict the accused persons for robbery or dacoity. 2. ... The court also held that the amendment of the charge from dacoity to robbery was improper and prejudiced the accused. ... But that is not in itself sufficient to convict them even u/s 411, far less is it any evidence that they took any part in any robbery or dacoity. ... The lear....
1995 0 Supreme(Bom) 271 • India - Bombay
VISHNU SAHAI, G.R.MAJITHIA
and it does not include all such persons who participate in the commission of such robbery or dacoity. ... to cause death or grievous hurt to any person everyone of those persons participating in the commission of such robbery or dacoity ... If at the time of committing robbery or dacoity, any person uses any deadly weapon or causes grievous hurt to any person, or attempts ... have read as follows :---If at the time of committing robbery or dacoity, ....
2006 0 Supreme(P&H) 1474 • India - Punjab and Haryana
M.M.AGGARWAL
However, no actual robbery or dacoity had been committed. ... However, the court considered the absence of actual robbery or dacoity in reducing the substantive sentence for the offence under ... However, considering the absence of actual robbery or dacoity, the court reduced the substantive sentence for the offence under Section ... However, taking into account the facts and circumstances of the case that no robbery or dacoity had actually been comm....
1994 0 Supreme(Pat) 181 • India - Patna
NAGENDRA RAI, PRAMOD KUMAR SARIN
. - NOT A SUBSTANTIVE OFFENCE - ONLY REGULATES PUNISHMENT - SUBSTANTIVE OFFENCE IS ATTEMPT TO COMMIT ROBBERY OR DACOITY - ARMED WITH ... The substantive offence is attempt to commit robbery or dacoity, which is punishable under Sections 393 and 395 of the Indian Penal ... or dacoity. ... It only provides that if at the time of attempting to commit robbery or dacoity the offender is armed with deadly weapon then the minimum punishment shall not be less than seven years....
2019 0 Supreme(Kar) 331 • India - Karnataka
K.S.MUDAGAL
They were arrested and found to be involved in 24 cases of robbery/dacoity. ... and dacoity. ... and dacoity, and the recovery of stolen property. ... As per the records, the interrogation of the petitioners in the said case revealed that they were involved in total 24 cases of robbery/dacoity of various police stations. ... 4.
2020 0 Supreme(HP) 529 • India - Himachal Pradesh
CHANDER BHUSAN BAROWALIA
Fact of the Case: The petitioner sought bail in a case involving multiple serious charges including robbery, dacoity ... , dacoity, attempt to murder, causing hurt, criminal conspiracy, and tampering with evidence. ... and 120B IPC - The court discussed the provisions of various sections of the Indian Penal Code (IPC) including those related to robbery
2014 0 Supreme(Del) 1458 • India - Delhi
S.P.GARG
Conviction - Robbery - Minimum sentence under Section 397 IPC Fact of the Case: The appellants were convicted for ... Section 397 IPC simply prescribes a minimum sentence for the offence of robbery / dacoity under the aggravating circumstances. It regulates only the substantive sentence which cannot be less than seven years. Apparently, Section 397 IPC does not prescribe imposition of fine. ... He identified the appellants and attributed specific role to them in committing robbery. He also deposed that both the appellan....
2003 0 Supreme(Del) 1173 • India - Delhi
O.P.DWIVEDI
Criminal Procedure Code, 1973 - Section 100(4)-Persons in charge of closed place to allow search — Robbery — Dacoity — Recovery was ... ... Indian Penal Code, 1860 - Section 392, 397, 411-Robbery — Dacoity ... Section 397 IPC can be invoked in either of the following situations namely when at the time of committing robbery or dacoity, the offender (i) uses any deadly weapon, or (ii)causes grievous hurt to any person, or (iii) attempts to cause death or (iv) grievous hurt to any perso....
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