presence or participation of five or more
persons, less than five persons cannot be
convicted for an offence of dacoity.
27 A. The above pronouncements ... dacoity.
31. For the sake of convenience, Section 391 IPC, which defines
'dacoity' is reproduced as under:-
"391. Dacoity When five
prosecution was required to prove the case of
preparation for dacoity by five or more persons and to
drag the case under Section ... which
preparation was being made was for dacoity, to be
committed by five or more persons. The necessary test is
the intention of the accused
offence
of dacoity with murder. The said section reads thus :
"396. Dacoity with murder.----If any one of five
or more persons ... error in convicting
them for dacoity, since the offence of dacoity could not
be committed by less than five persons. This Court,
however, negatived
deal with robbery and dacoity. Section 391 defines dacoity as:
391. Dacoity.--When five or more persons conjointly commit or attempt to commit a robbery ... dacoity. Section 396 prescribes penalty for an offence of dacoity with murder. The same reads thus;
396. Dacoity with murder.--If any one of five
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 ... this Court.
7. Section 391 IPC explains the offence of `dacoity'. When
five or more persons conjointly commit or attempt to commit a
robbery
deal with robbery and dacoity. Section 391
defines dacoity and it reads thus:
391. Dacoity
When five or more persons conjointly
commit or attempt ... error in convicting them for
dacoity, since the offence of dacoity could not
be committed by less than five persons. This
Court, however, negatived
restraint."
Section 391 IPC defines "dacoity" which reads as under:-
"391. Dacoity.-- When five or more
persons conjointly commit or attempt ... commit" dacoity".
Section 395 IPC provides for punishment for dacoity.
However, the definition of dacoity shows that when five or more
persons conjointly
said to commit dacoity.
Section 396 which comprehends dacoity with murder is a contingency where
one of the five or more persons who are conjointly ... presence or participation
of five or more persons, less than five persons cannot be convicted for an
offence of dacoity.
27 A. The above pronouncements
serious crime, like murder, prisoner is released, and offenders of robbery and dacoity are not released on furlough, and therefore, it is violative of Article ... falls within the description of decoity. It is obvious that in dacoity five or more persons come together with the avowed object of obtaining property
Indian Penal Code and relate to offences of robbery and dacoity. The question is : Is there any rational basis for selecting this class of offences ... robbery, the offence falls within the description of dacoity. It is obvious that in dacoity
five or more persons come together with the avowed object
