Bharatiya Nyaya Sanhita, 2023
Section 310
Dacoity
(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.
Why this exists
Dacoity — group robbery by five or more people — has historically been treated as an especially grave threat to public safety in India because of the overwhelming force and terror a large armed group can bring against victims. The rule making every participant liable for a murder committed by any one of them during the dacoity reflects the principle that joining such a dangerous group crime makes you responsible for its foreseeable, extreme consequences.
How courts read it
Courts have consistently held that the crucial number is five or more people jointly committing or attempting the robbery, or present and aiding it — and that once that threshold is met, all participants share liability for a murder committed by any one of them during the dacoity, even if they did not personally strike the fatal blow.
Common misconceptions
- Myth: Only the person who actually commits the murder during a dacoity can be given the death penalty or life imprisonment.
Fact: Every person who is part of the dacoity when a murder is committed by any one of them can face the same severe punishment, including death or life imprisonment.