Dacoity ipc. IPC 396 Section of Indian Penal Code 2022-10-12
Dacoity ipc
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IPC Section 391
It says that if anyone of five or more than five persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death and shall also be liable to fine. Before analyzing or understanding Section 390, first theft and extortion need to be understood separately. For all such people, the punishment is imprisonment of life or with a rigours term which can be extended to 10 years. Thus attempt to commit dacoity is also dacoity. Dacoity is an offence that is punishable at the stage of preparation itself. State,AIR 1956 All 163 The word conjointly refers to the united or concerted action of 5 or more persons participating in the act of committing the offence.
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Robbery and Dacoity in (IPC) Indian Penal Code
State of Maharashtra 1995 that, according to Section 397 of the Penal Code, the aforementioned section only applies if there is proof that the accused used a deadly weapon, injured someone seriously, or attempted to murder or seriously injure someone while committing robbery or dacoity. Dacoity is also one of such offences, section 399 of the Case laws: Suleman v. Conclusion Under Chapter XVII of the Indian Penal Code, 1860, dacoity is the gravest offence done on the property of a person. For example, A, B, C, D, and E are the persons who decided to rob the bank during the night. Difference between robbery and dacoity Basis of difference Dacoity Robbery Meaning When five or more people jointly commit robbery, dacoity is committed. LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. DACOITY UNDER IPC According to the Oxford Dictionary, Dacoity means — an act of violent robbery committed by an armed gang.
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An Overview of Dacoity under the Indian Penal Code
In the case of Re Muppanna Appanna,AIR 1948 Mad 96, there was a group of five people, attacked the family members who were sleeping outside their house. Everyone who joins the act with the knowledge of the consequences, all of them should be made liable under this section. You can click on this link and join: Follow us on. In the view of totality of the evidence accused was entitled to acquittal. Those five were Raj Kumar Raju, Pushpendra Singh, Swadesh Chandra, and Nirankar, who was dragging his wife. They thereafter, went to the houses of the brothers of the complainant and similarly took away valuable articles.
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DACOITY UNDER IPC NOTES
Section 391 of Indian Penal Code defines Dacoity. Three out of six persons were acquitted. In another case, Mohd. This offence is triable by the judicial magistrate of the first class JMFC. The punishment under this section is imprisonment up to 10 years with fine. Every dacoity can be said to be a robbery, but not vice-versa. Thus, they were held guilty under sections 391 and 395 of IPC.
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Section 395 IPC : dacoity
Therefore the wife handed over the keys. Test identification parades were carried out. Under Section 396 aggravated form is defined as dacoity with murder. Section 410 to Section 414 of the India Penal Code talks about the concept of stolen property. It should be movable property. If the offenders are running and while chasing them if one of the dacoits kill someone then the other members of the gang can not be held guilty under Section 396 of the IPC.
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DACOITY UNDER IPC
The honorable High Court negated this contention and held that section 396 would be attracted even when there is an attempt to commit dacoity and murder has been committed when the dacoits were trying to make a safe retreat. When extortion becomes robbery Extortion becomes robbery when the person committing the offence of extortion put the other person in fear and commits extortion by putting that person in fear of death, instant wrongful restraint to that person or to some other person and by doing so induces the person so put in fear then and there deliver the thing that has been extorted. Types of dacoity Dacoity with murder Section 396 If one of the accused commits murder while they are being chased, the question of whether the other could be convicted for the offence of dacoity with murder depends upon the facts and circumstances of each case, i. State of Andhra Pradesh 2003 , the prosecution placed before the court its argument that the accused drove to Kalamaduga Village in a jeep. On the other hand, attempts at robbery or dacoity are covered by Section 398 IPC. LAW: The accused were charged on Section 394 and punished under Section 395 of the Indian Penal Code.
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IPC Section 399
. Ramesh was found with a pool of his blood in the living room. Dacoity needs five or more people, and the act involved aiding and support it is not necessary that every single person has to commit the same act during dacoity since they are conjointly participating with common intention and common objective, they all will be held liable for the actions of all the person which means if one of them committed murder or hurt someone they all will be charged for that. State Of Uttar Pradesh 3 FACTS: The appellant had been charged inter alia with having committed an offence under Section 396, Indian Penal Code, along with other persons committed dacoity in the house of Mendai and that in the commission of such dacoity, murder was committed by one of the members. He woke up by the sound of jumping of somebody in his house by scaling boundary wall. Three of them stood outside guarding and two entered the house for a robbery.
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IPC 396 Section of Indian Penal Code
The appellant shot and killed Mendai to secure the release of one of his companions and also to ensure their safe retreat. One of the dacoits fired a shot while escaping, which led to the death of one chaser, Dharma. They are often used interchangeably. This article gives an overview of all these concepts keeping in view and according to the Indian Penal Code, 1860. They were chased by Mendai and Ganga and when they were crossing the ditch of Pipra Farm, Mendai caught hold of one dacoit. Section 397— Robbery, or dacoity, with attempt to cause death or grievous hurt.
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DACOITY UNDER IPC
Some of them were accused to commit dacoity in a running train. On receiving the information, the police party reached the house of complainant, where complainant submitted a written report, whereupon a case for offence under Section 395 IPC was registered. However, there are very thin line differences between robbery and dacoity, which differs in terms of the number of persons committing the crime. They all were armed with deadly weapons such as rifles and pistols. Antulay , a CM, promised the sugar cooperatives whose cases were pending before the government for consideration that their cases would be looked into if they donated money. Offences Connected with Dacoity Before committing any offence intention plays a very important role in it.
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Elaboration on Robbery and Dacoity Under Indian Penal Code, 1890
But when 5 or more than 5 commit a robbery it is termed as dacoity. Conjointly It refers to united of concerted action of the persons participating the transaction. Section 400 of the Indian Penal Code says that whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Complaint was submitted in the morning. LEGAL FRAMEWORK Indian Penal Code Section 391. Â Essential Ingredients of Robbery Section 390 of the Indian Penal Code, 1860 says that in all robbery there is either extortion or theft.
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