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Difference Between Robbery and Dacoity
The actions of stealing, misappropriating or extorting away something from someone either innocently or intentionally has always been an offence across the world and in the present times, owing to the different methods and processes of committing the crimes related to property while using force has made the legislatures to make different categories of one offence.
The offences of Robbery and Dacoity, although relates to taking possession of an object unlawfully, however due to the factors such as degree of force used, severity of injury, number of accused and harm to the innocent person are the defining factors which provides different punishments for them.
What is the meaning of Robbery?
Section 390 of the Indian Penal Code, 1860 defines the offence of Robbery as taking away someone’s property without their consent while using force for completing the commission of the offence. The section provides that robbery can be committed through two methods − first is when theft is robbery, it means that if the offender takes away the property without the consent of the person and uses force to cause harm in order to take away the property.
Second is when extortion is robbery, it implies that when the offender puts a person under fear of injury to deliver something to him or her. Also, when theft is robbery then only immovable property can be stolen, however, when extortion is robbery, then movable and immovable both kinds of property can be taken away or extorted. Hence, there is either theft or extortion in robbery.
What is the meaning of Dacoity?
Section is defined by Section 391 of the Indian Penal Code, 1860 and it provides that dacoity is an aggravated form of robbery because when robbery is either attempted or committed by five or more persons together then it amounts to dacoity. Thus, dacoity is the highest form of these offences as it includes theft, extortion and robbery in itself, hence dacoity can not be committed unless robbery is committed by five persons and robbery cannot be committed unless either theft or extortion is committed with the use of force. Further, it’s a very serious offence as it includes use of weapons for causing injury and also five persons need to be involved for its commission.
Difference Between Robbery and Dacoity
The table provided below illustrates the sharp distinction between Robbery and Dacoity −
Basis |
Robbery |
Dacoity |
|---|---|---|
Definition |
Robbery includes theft and extortion. However, it can either be robbery with theft or robbery with extortion. |
Dacoity involves robbery, hence consequently it involves theft and extortion as well. |
Number Of Accused |
Minimum one person is necessary to commit robbery. |
Minimum five persons are essential to commit dacoity. |
Possession |
Property is acquired by the offender himself or herself when robbery includes theft, however, property is delivered to the offender when robbery includes extortion. |
Property can either be acquired by the offender or delivered to them. |
Property |
It can only be movable property when robbery includes theft, however, both movable and immovable can be delivered when robbery includes extortion. |
Dacoity includes both movable and immovable property’s acquisition by the offender. |
Punishment |
Section 392 – Rigorous imprisonment from 10 to 14 years and Fine. |
Section 395 – Rigorous imprisonment from 10 years to life imprisonment and Fine. |
Court |
Magistrate of I Class. |
Court of Session. |
Liability |
The attempt and commission of robbery is punishable under the code. |
The intention, preparation, attempt and commission of dacoity is punishable under the code. |
Conclusion
The offences of robbery and dacoity are inherently similar as despite the crucial differences of number of persons involved and punishments, dacoity is an aggravated form of robbery as unless robbery is committed either in the form of theft or extortion, dacoity can not be committed. Moreover, both the offences are of serious nature as they involve the use of force and fear for the commission of the offences, thus there is a dual danger to the society as harm to the individuals along with property is evident.
Further, in order to prevent the commission of such serious offences, the legislature has even made their attempts and preparations punishable under the code. Additionally, even being a member of a gang of robbers or dacoits is punishable in itself as it amounts to an offence.
Frequently Asked Questions
How does robbery become dacoity?
Robberies can be carried out by both one person and multiple people. But a robbery is considered to be dacoity when five or more people conduct it.
What is the difference between theft and robbery India?
In other terms, the definition of theft is the taking of another person's property without that person's consent with the intent to keep it. Contrarily, Section 390 of the IPC defines robbery as the use of unlawful force in order to commit theft.
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