Offences of Robbery and Dacoity under the Bharatiya Nyaya Sanhita: A Legal Overview

The criminal offences of robbery and dacoity strike at the heart of public safety and personal security. Recognised for their violent nature and the involvement of fear or threat, these crimes are dealt with severely under Indian criminal law. The Bharatiya Nyaya Sanhita, 2023 (BNS), which replaces the Indian Penal Code, 1860, retains and restructures these offences under Chapter XVII—"Of Offences against property," highlighting their serious nature.

This article provides a comprehensive analysis of the offences of robbery and dacoity under the Bharatiya Nyaya Sanhita, 2023 (BNS). It delves into the statutory definitions, essential ingredients, and distinguishing features of both offences. The discussion further extends to their aggravated forms as laid down in Sections 311 to 313 of the BNS.

Additionally, the article highlights the significant jurisprudential and structural shifts brought about by the transition from the Indian Penal Code, 1860 (IPC), to the BNS, offering insight into how these changes impact the interpretation and enforcement of robbery and dacoity laws in India today.

Statutory Provisions under the BNS, 2023

1. Robbery – Section 309 BNS

Section 309 of the BNS defines "robbery" as a special, aggravated form of theft or extortion. According to this section:

Theft amounts to robbery if, for the purpose of committing the theft, or while committing it, or while carrying away or attempting to carry away the stolen property, the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint to any person, or induces fear of instant death, instant hurt, or instant wrongful restraint.

Extortion becomes robbery if:

• The offender intentionally causes immediate fear of death, hurt, or wrongful restraint to the victim or another person;
• The offender is present at the time — meaning close enough to instill such fear instantly; and
• The victim, due to that fear, is compelled to deliver the property or valuable security then and there.

Thus, robbery is an amalgamation of force + theft/extortion.

2. Dacoity – Section 310 BNS

Dacoity is said to be committed when five or more persons:

1. Conjointly commit or attempt to commit a robbery, or
2. Where the total number of persons committing, attempting, or aiding the robbery is five or more,

then each person involved in committing, attempting, or assisting is guilty of dacoity.

Essential Ingredients

Robbery:

• Presence of theft or extortion
• Use of violence or threat thereof
• Fear of instant harm or actual harm
• Act must be committed to facilitate theft/extortion or escape with the property

Dacoity:

• All ingredients of robbery.
• Conjoint action by five or more persons.
• Common intention or participation in the act or aiding it.

Punishment for Robbery and Dacoity

Punishment for Robbery – Section 309(4), BNS

• Rigorous imprisonment up to 10 years and fine.
• If committed on a highway between sunset and sunrise: rigorous imprisonment up to 14 years.

Punishment for Dacoity – Section 310(2), BNS

• Imprisonment for life or rigorous imprisonment up to 10 years and fine.

Aggravated Forms

1. Attempt to Commit Robbery – Section 309(6) BNS

• Anyone who causes hurt while committing or attempting robbery, along with any accomplice, shall face life imprisonment or up to ten years of rigorous imprisonment, plus a fine.

2. Dacoity with Murder – Section 310(3) BNS

If any person of the dacoity gang commits murder during the act:

• Every member is punishable with death, life imprisonment, or rigorous imprisonment not less than 10 years.

This highlights the principle of constructive liability under group offences.

3. Making Preparation to Commit Dacoity – Section 310(4) BNS

Punishment:

• Rigorous imprisonment up to 10 years and fine.

Preparation alone is a punishable offence under BNS, emphasising the prevention-focused nature of the law.

4. Belonging to a Gang of Dacoits – Section 310(6) BNS

Anyone who habitually belongs to a gang of dacoits:

• Punishable with rigorous imprisonment up to 10 years and fine.

5. Receiving Property from Dacoity – Section 317(3) BNS

Whoever knowingly receives or keeps property obtained through dacoity:

• Punishable with imprisonment for life or rigorous imprisonment up to 10 years and fine.

6. Robbery or Dacoity with Deadly Weapon or Grievous Hurt (Section 311)

If, during robbery or dacoity:

• The offender uses a deadly weapon, or
• Causes or attempts to cause grievous hurt or death,

The punishment shall be rigorous imprisonment of not less than 7 years.

Attempted Robbery or Dacoity While Armed (Section 312)

• If a person attempts robbery or dacoity while armed with a deadly weapon,

He shall face rigorous imprisonment of not less than 7 years.

Habitual Association for Theft or Robbery (Section 313)

Anyone who is a member of a gang habitually engaged in theft or robbery (excluding dacoity),

• Shall be punished with rigorous imprisonment up to 7 years and liable to fine.

Robbery and Dacoity: IPC v. BNS at a Glance

Here is a comparative table of Robbery and Dacoity under the IPC and the BNS, 2023:

This table captures the structural reorganisation and any slight modifications introduced in the BNS while keeping the essence of the IPC provisions intact.

Socio-Legal Significance

Robbery and dacoity pose a serious threat not just to individuals but to public order and economic stability. The aggravated forms particularly aim to:

• Deter gang activity
• Penalise violent and armed robbery
• Empower police to act against dacoity rings even at the planning stage

Moreover, the BNS’s inclusion of preparation and gang membership as penal offences aligns with modern criminal jurisprudence, which emphasises preventive justice.

Conclusion

The Bharatiya Nyaya Sanhita, 2023 continues to address robbery and dacoity with seriousness and updated clarity. By streamlining provisions, enhancing penalties for aggravated forms, and aligning legal interpretations with evolving threats, the BNS reflects India’s contemporary criminal law priorities. However, effective enforcement, timely justice, and protection of rights remain critical to ensuring that the law not only punishes but also prevents such heinous offences.

References

[1] Bharatiya Nyaya Sanhita, 2023

[2] Indian Penal Code, 1860 

[3] K.D. Gaur, Textbook on Indian Penal Code

[4] Venu @ Venugopal And Ors v. State of Karnataka AIR 2008 SC 1199

[5] Ram Shankar Singh And Ors. v. State of Uttar Pradesh AIR 1956 SC 441