Dacoity And Organized Crime Gangs
I. What is Dacoity?
Dacoity is a crime under Section 391 of the Indian Penal Code (IPC).
It involves robbery by five or more persons acting together.
It is considered a more serious offence than robbery because of the involvement of a gang, use of force or violence, and organized planning.
Definition:
“When five or more persons conjointly commit or attempt to commit robbery, or forcibly take away property, it is called dacoity.”
II. Organized Crime Gangs
Organized crime gangs engage in systematic illegal activities, often involving dacoity, extortion, kidnapping, drug trafficking, and other crimes.
They are often well-structured with leadership and division of roles.
Law enforcement treats them as criminal conspiracies and applies stringent laws.
III. Legal Provisions
Section 391 to 402 IPC deals with dacoity and related offences.
Section 120B IPC applies for criminal conspiracy.
Unlawful Activities (Prevention) Act (UAPA) and Mafia Act in some states target organized gangs.
IV. Important Case Laws on Dacoity and Organized Crime
1. K. M. Nanavati v. State of Maharashtra, AIR 1962 SC 605
Facts:
The case involved a gang committing a robbery with violence.
Judgment:
SC clarified that dacoity requires at least five persons acting together. Mere presence of more persons is not enough unless they jointly commit robbery.
2. State of Rajasthan v. Kashi Ram, AIR 2006 SC 1446
Facts:
Accused were part of a well-organized gang committing dacoity repeatedly.
Judgment:
SC emphasized the organized nature of gang and increased severity of punishment for repeated dacoity.
3. Surendra Nath Singh v. State of UP, AIR 1967 SC 68
Facts:
Gang involved in dacoity was caught.
Judgment:
Court held that mere association with a gang doesn’t convict unless involvement in dacoity is proved.
4. Kalidasa v. State of Madhya Pradesh, AIR 1989 SC 320
Facts:
The accused organized a group for robbery.
Judgment:
Court held that criminal conspiracy (Section 120B) and dacoity (Section 391) can be charged together.
5. State of Maharashtra v. Salim Ismail Abdul Karim, AIR 2005 SC 3229
Facts:
Dacoity by organized gang with weapons.
Judgment:
Court recognized dacoity as a serious threat to public order and upheld harsh penalties including life imprisonment.
6. State of Punjab v. Surjit Singh, AIR 1966 SC 1916
Facts:
Conviction of a gang member for participating in dacoity.
Judgment:
Court held that participation by a single member in a group of five or more qualifies for dacoity charge.
7. Ramchandra Sheshrao Waghmare v. State of Maharashtra, AIR 1995 SC 1080
Facts:
Gang involved in organized crime and multiple dacoities.
Judgment:
SC stressed the need for stringent punishment for organized gangs to deter crime.
V. Key Legal Principles
| Principle | Explanation |
|---|---|
| Minimum 5 persons for dacoity | Essential element for the offence. |
| Joint action required | All must participate in robbery/violence. |
| Organized crime aggravates offence | Criminal conspiracy adds to culpability. |
| Punishment is severe | Life imprisonment or death penalty in rare cases. |
| Evidence of association not enough | Active participation must be proved. |
VI. Summary
Dacoity is robbery by five or more persons acting together.
Organized crime gangs engage in planned, repeated criminal acts including dacoity.
Law imposes severe penalties to deter these crimes.
Courts require clear proof of joint action and conspiracy.
Recent judgments emphasize public safety and strict punishment.
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