(1) 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.
(2) Whoever commits 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.
(3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.
(4) Whoever makes any preparation for committing dacoity shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(5) Whoever is one of five or more persons assembled for the purpose of committing dacoity shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
(6) Whoever belongs 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.
Simplified Explanation
Section 310: Dacoity under the Bhartiya Nyaya Sanhita, 2023 (BNS) defines the crime of dacoity and prescribes punishments for those involved in its commission, as well as those preparing for or aiding in such crimes.
Section 310: Dacoity
1. Definition of Dacoity:
- Dacoity is committed when five or more persons:
- Conjointly commit or attempt to commit robbery, or
- The total number of persons involved in committing or attempting robbery (including those aiding the commission) amounts to five or more.
- This section establishes that even those aiding or present during the robbery count towards the total of five individuals necessary to constitute dacoity.
2. Punishment for Dacoity:
- Any person who commits dacoity will be punished with:
- Life imprisonment, or
- Rigorous imprisonment for a term which may extend to ten years, and
- A fine may also be imposed.
3. Punishment if Murder is Committed During Dacoity:
- If any one of the five or more persons involved in dacoity commits murder during the act:
- All those involved in the dacoity will face death, or life imprisonment, or rigorous imprisonment for at least ten years, and they will also be liable to fine.
4. Punishment for Preparation for Dacoity:
- Anyone who makes preparation for committing dacoity will face:
- Rigorous imprisonment for up to ten years, and
- A fine may also be imposed.
5. Punishment for Being Part of a Group Assembled for Dacoity:
- Anyone who is one of five or more persons assembled for the purpose of committing dacoity (even if they have not yet committed the crime) will be punished with:
- Rigorous imprisonment for up to seven years, and
- A fine may also be imposed.
6. Punishment for Belonging to a Gang of Habitual Dacoits:
- Anyone who belongs to a gang of persons habitually engaged in committing dacoity will face:
- Life imprisonment, or
- Rigorous imprisonment for up to ten years, and
- A fine may also be imposed.
Key Points to Remember:
- Dacoity involves five or more persons committing or attempting to commit robbery, or assisting in such acts.
- Murder committed during dacoity leads to severe penalties for all involved.
- Preparation for dacoity and being part of a group planning to commit dacoity also carries punishments.
- Belonging to a gang that regularly commits dacoity is treated very severely, with the potential for life imprisonment.
Conclusion:
Section 310 of the Bhartiya Nyaya Sanhita, 2023 defines dacoity as a more serious form of robbery, requiring a group of at least five people. The law prescribes harsh punishments for dacoity, including life imprisonment and death for those involved in murder during dacoity, along with punishments for anyone preparing for or aiding in such crimes. Those involved in habitual dacoity gangs face long prison terms or life imprisonment.
