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Robbery Dacoity

Robbery and dacoity are criminal offenses under the Pakistan Penal Code. Robbery involves theft or extortion where the offender causes or threatens death, hurt or restraint to steal property. Dacoity involves robbery committed by 5 or more people acting together. The key differences are that dacoity requires 5 or more offenders and is considered more serious due to the greater terror caused. Those who aid a dacoity by being present are also counted, while aiders of robbery can be charged independently. Both offenses are punishable by rigorous imprisonment.

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337 views5 pages

Robbery Dacoity

Robbery and dacoity are criminal offenses under the Pakistan Penal Code. Robbery involves theft or extortion where the offender causes or threatens death, hurt or restraint to steal property. Dacoity involves robbery committed by 5 or more people acting together. The key differences are that dacoity requires 5 or more offenders and is considered more serious due to the greater terror caused. Those who aid a dacoity by being present are also counted, while aiders of robbery can be charged independently. Both offenses are punishable by rigorous imprisonment.

Uploaded by

Mian Khalid
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Robbery and Dacoity

Related Provisions:-
Following are the relevant provision of the PPC regarding the concerned
topic.
Section 390 and 392 for Robbery.
Section 391 and 395 for Dacoity.

Robbery U/Sec 390:-


In all robbery, there is either theft or extortion.
Case Law
Mohammed Shafi and another Vs The State (PLD 1956)
Robbery is a special and aggravated form of either theft or extortion.

When theft is robbery 


Theft is “robbery” if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away
property obtained by the theft, the offender, for that end, voluntarily
causes or attempts to cause to any person death or hurt or wrongful
restraint, or fear of instant death or of instant hurt, or of instant wrongful
restraint.
Essential ingredients:
1.Theft:
Theft is an essential ingredient for convicting a person for robbery.
Theft u/sec 378:
Whoever intending to take dishonestly any moveable property out of the
possession of any person without that person’ s consent, moves that
property in order to such taking, in said to commit theft.
Ingredients of Theft:
Following are the ingredients of theft.
a)Dishonest intention to take property.
b)Property must be moveable
c) That should be in possession of another person
d)There must be removal or moving of that property
e) Without consent of the owner.
2.Death, Hurt or Wrongful Restraint:
Accused should in order to commit theft, either causes or attempts to
cause any person’s death or hurt him or put him under a wrongful restraint.
Meaning of Wrongful Restraint:
“ It implies an obstruction so as to prevent a person from proceeding in any
direction where he has right to proceed.”Hurt.
3.Fear of Death, Hurt or Wrongful Restraint:
There may be fear of instant death or of instant hurt or of instant wrongful
to the victim.

SOLUTION:-
LEGAL PROVISION:-
Section 392 of the PPC, 1860
EXPLANATION:-
When extortion is robbery:-
Extortion is “robbery” if the offender, at the time of committing the
extortion, is in the presence of the person put in fear, and commits the
extortion by putting that person in fear of instant death, of instant hurt, or
of instant wrongful restraint to that person or to some other person, and,
by so putting in fear, induces the person, so put in fear then and there to
deliver up the thing extorted.
Essential ingredients
1.Extortion:
Extortion is essential for convicting a person for robbery.
Meaning of Extortion u/sec 383:
Whoever intentionally puts any person in fear of any injury to that person
or to any other and thereby dishonestly induces the person so put in fear to
deliver to any person any property or valuable security or anything singed
or sealed which may be converted into a valuable security, commits
extortion.
2.Fear of Instant Death, Hurt or Wrongful Restraint:
There must be extortion by putting the person in fear of instant death or of
instant hurt or of instant wrongful restraint.
3.Presence of person put in fear:
It is necessary that the extortion must be committed by the offender in the
presence of the person put in fear and commits the extortion by putting
that person in fear of instant death, hurt or wrongful restraint.
In order to prove robbery, the following conditions must be fulfilled.
CONCLUSION:-
In this case A has committed robbery. So, A is guilty of the offence of
robbery. Whoever commits robbery shall be punished with rigorous
imprisonment for term which shall not be less than three years not more
than ten years and shall also be liable to fine.
.
Dacoity u/s 391

When five or more persons conjointly commit or attempt to commit a


robbery or where the whole number of persons conjointly committed 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:
Essentials of Dacoity:-
1.Five or More Persons
The number of persons committing robbery must be five or more.
2.Committing or Attempting to Commit robbery:
Robbery becomes dacoity when it is committed by five or more persons.
Even an attempted robbery by five or more persons amounts to an offence
of dacoity.
3.Conjointly Committing:-
There should be co-jointly commission of offence of dacoity.

Punishment U/Sec 395:


Whoever commits dacoity shall be punished with imprisonment for life or
which rigorous imprisonment for a term which shall not be less than four
years nor more then years, and shall also be liable to fine.

Difference between Robbery And Dacoity:


1.Number Of Persons:
In Robbery the number of persons are less than five. It may be committed
by a single person.
In dacoity, the number of persons are five or more.
2.Seriousness:
Robbery is less serious in nature.
Dacoity is more serious offence than robbery because of the terror caused
by the presence number of offenders.
3.Position Of Abettors:
In Robbery, the abettors are liable independently.
In dacoity abettors who are present and aiding when the crime is
committed are counted in the number.

Conclusion:
To conclude, I can say, that the definition of robbery contemplates that an
accused should from very beginning have the intention to deprive another
person of the property and to achieve that end, either hurt is caused or a
person is placed. Under wrongful restraint, or it must be actually found that
victim was put in fear of instant death, hurt or wrongful confinement when
the same offence is committed by five or more serious in nature.

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