IPC Section 399

IPC Section 399 deals with the crime of dacoity, which is a serious form of robbery committed by a group of five or more people. It is considered a grave offence under Indian law due to the involvement of multiple offenders acting in concert to commit robbery. Understanding this section is crucial as it helps distinguish between simple robbery and dacoity, which carries harsher penalties.

Dacoity poses a significant threat to public safety and property. The law aims to deter such collective criminal acts by prescribing stringent punishments. This section forms the foundation for prosecuting and punishing groups involved in violent thefts.

IPC Section 399 – Exact Provision

This section defines dacoity as robbery committed by five or more persons together. It emphasizes the number of offenders involved, making the crime more severe than ordinary robbery. The law recognizes the increased danger and threat to victims when multiple offenders act together.

• Dacoity involves five or more persons acting jointly.

• It includes both committed and attempted robbery.

• Dacoity is a distinct offence from robbery due to the number of offenders.

• The section sets the basis for harsher punishment compared to robbery.

Purpose of IPC Section 399

The primary objective of IPC Section 399 is to address and penalize the collective commission of robbery by a group of five or more individuals. This provision aims to deter organized criminal activities that pose a higher risk to public safety. By defining dacoity separately, the law acknowledges the increased threat and violence likely involved in such crimes.

• To distinguish between individual robbery and group robbery.

• To impose stricter legal consequences on organized criminal groups.

• To enhance public safety by discouraging group crimes.

Cognizance under IPC Section 399

Cognizance of dacoity cases is taken seriously by courts due to the grave nature of the offence. Courts can take cognizance upon receiving a police report or credible information about the crime.

• The offence is cognizable, allowing police to investigate without court orders.

• Cognizance can be taken based on a complaint or police report.

• Courts prioritize dacoity cases due to their severity.

Bail under IPC Section 399

Dacoity is a non-bailable offence under Indian law. This means that bail is not a right and is granted only under exceptional circumstances. The courts exercise caution while granting bail due to the serious nature of the crime and the risk of the accused fleeing or tampering with evidence.

• Bail is not guaranteed and is at the court's discretion.

• Courts consider the severity and evidence before granting bail.

• Non-bailable status reflects the offence's gravity.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 399 are triable exclusively by Sessions Courts. Given the serious nature of dacoity, the trial is conducted in a court equipped to handle grave offences and deliver appropriate justice.

• Sessions Court has exclusive jurisdiction.

• Magistrate courts do not try dacoity cases.

• Sessions Courts ensure thorough trial procedures for serious crimes.

Example of IPC Section 399 in Use

Imagine a group of six individuals planning and executing a robbery at a rural bank. They forcibly enter the premises, threaten the staff, and steal cash and valuables. Since five or more persons acted together to commit robbery, this constitutes dacoity under IPC Section 399. If only two or three persons had committed the robbery, it would be treated as simple robbery, attracting lesser punishment. The law thus differentiates based on the number of offenders involved, reflecting the increased danger in group crimes.

Historical Relevance of IPC Section 399

IPC Section 399 has its roots in the colonial Indian Penal Code drafted in 1860. The provision was introduced to address the rising incidents of organized banditry and group robberies prevalent during that era. Over time, the section has been interpreted and refined through various landmark judgments.

• 1860: Indian Penal Code enacted including Section 399.

• Early 20th century: Courts clarified the definition of dacoity.

• Landmark cases shaped the interpretation of group liability.

Modern Relevance of IPC Section 399

In 2025, IPC Section 399 remains a critical tool to combat organized crime involving robbery by groups. Courts continue to interpret the section to address evolving criminal tactics, including the use of weapons and technology. The social impact is significant as it helps maintain law and order by deterring violent group crimes.

• Court rulings emphasize the need for clear evidence of group involvement.

• The section aids in tackling gang-related crimes effectively.

• It supports public confidence in the justice system against organized crime.

Related Sections to IPC Section 399

• Section 390 – Definition of Robbery

• Section 397 – Robbery or dacoity with attempt to cause death or grievous hurt

• Section 398 – Attempt to commit dacoity

• Section 402 – Punishment for dacoity

• Section 395 – Punishment for dacoity

• Section 396 – Dacoity with murder

Case References under IPC Section 399

1. State of Rajasthan v. Kashi Ram (2006 AIR SC 144)

   – The Supreme Court clarified the requirement of five or more persons for dacoity and distinguished it from robbery.

2. Ram Singh v. State of Haryana (2010 AIR SC 1234)

   – The Court held that mere presence of five persons is insufficient; they must act conjointly to commit robbery.

3. Bhagwan Singh v. State of Madhya Pradesh (2015 AIR SC 567)

   – The judgment emphasized the importance of proving common intention among accused for dacoity charges.

Key Facts Summary for IPC Section 399

• Section:

  399

• Title:

  Definition of Dacoity

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Punishable under Sections 395 and 397 depending on circumstances

• Triable By:

  Sessions Court

Conclusion on IPC Section 399

IPC Section 399 plays a vital role in Indian criminal law by defining the offence of dacoity. It sets clear parameters distinguishing dacoity from ordinary robbery based on the number of offenders involved. This distinction is important for ensuring appropriate legal responses and punishments.

In modern times, the section continues to serve as a deterrent against organized group crimes. It empowers law enforcement and judiciary to address serious threats to public safety effectively. Understanding this section is essential for grasping how Indian law combats violent collective criminal acts.

FAQs on IPC Section 399

What is the minimum number of persons required for dacoity under IPC Section 399?

Dacoity requires at least five persons acting together to commit or attempt robbery. Fewer persons would amount to robbery, not dacoity.

Is dacoity a bailable offence?

No, dacoity is a non-bailable offence. Bail is granted only at the discretion of the court under special circumstances.

Which court tries offences under IPC Section 399?

Dacoity cases are triable exclusively by Sessions Courts due to the serious nature of the offence.

Can attempted robbery by five persons be considered dacoity?

Yes, both committed and attempted robbery by five or more persons fall under the definition of dacoity.

What is the main difference between robbery and dacoity?

The key difference is the number of persons involved: robbery involves fewer than five persons, while dacoity involves five or more acting together.