Section 391 IPC: Dacoity

Indian Penal Code, 1860

Section 391 IPC at a Glance

Section 391 IPC deals with dacoity. From 1 July 2024 it is replaced by Section 310(1) BNS.

Punishment

None. Section 391 IPC defines dacoity and prescribes no term of imprisonment. Dacoity is punished under Section 395 IPC with imprisonment for life or rigorous imprisonment for up to ten years, and Section 396 to Section 400 IPC and Section 402 IPC deal with aggravated and related forms.

BNS Equivalent

Section 310(1) →

Section 391 IPC Bare Act Text

391. Dacoity

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”.

Source: Section 391, Indian Penal Code, 1860

Section 391 IPC in Simple Words

Section 391 of the Indian Penal Code (IPC) defines the offence of dacoity. Dacoity is robbery committed or attempted by five or more persons conjointly, or where the whole number of persons conjointly committing or attempting robbery and persons present and aiding amounts to five or more.

Every person so committing, attempting, or aiding is said to commit dacoity. Section 391 IPC is an explanatory definition that prescribes no punishment of its own; punishment for dacoity is provided under Section 395 to Section 400 IPC and Section 402 IPC.

Ingredients of Section 391 IPC

  • Commission of robbery or an attempt to commit robbery as defined in Section 390 IPC
  • Five or more persons acting conjointly in committing or attempting to commit the robbery
  • Persons present and aiding such commission or attempt are counted toward the requisite number of five or more
  • Every person so committing, attempting, or aiding is liable as having committed dacoity

Punishment Under Section 391 IPC

Imprisonment

None. Section 391 IPC defines dacoity and prescribes no term of imprisonment. Dacoity is punished under Section 395 IPC with imprisonment for life or rigorous imprisonment for up to ten years, and Section 396 to Section 400 IPC and Section 402 IPC deal with aggravated and related forms.

Fine

None under Section 391 IPC. Fine is provided under the punishing sections, beginning with Section 395 IPC.

Section 391 IPC defines when robbery becomes dacoity without prescribing a punishment of its own. Punishment for dacoity is provided under Section 395 to Section 400 IPC and Section 402 IPC.

Example of Section 391 IPC

In 2015 in Ranchi, Manoj, Suraj, Tejas, Varun, and Zakir acted together to rob a warehouse guard at night. Manoj, Suraj, and Tejas tied the guard's hands with rope and took chests of copper wire from the storeroom without consent, while Varun and Zakir stood at the compound gate holding iron bars to prevent anyone from intervening. Because the persons conjointly committing the robbery and the persons present and aiding amounted to five, all five men committed dacoity under Section 391 IPC.

When Section 391 IPC Does Not Apply

  • Section 391 IPC does not apply when the total number of persons committing or attempting the robbery together with those present and aiding is four or fewer.
  • Section 391 IPC does not apply when five or more persons commit simple theft without any element of force, restraint, or fear that makes the act robbery.
  • Section 391 IPC does not apply when the offenders act independently rather than conjointly in committing or attempting the robbery.
  • Section 391 IPC does not apply to a person who neither commits nor attempts the robbery and is not present and aiding at the scene.

Section 391 IPC in the BNS

Section 391 IPC is now covered under Section 310(1) BNS.

Section 391 IPC corresponds to Section 310(1) BNS. The statutory definition of dacoity is reproduced without substantive change.

View detailed comparison (IPC 391 vs BNS 310(1)) →

FAQs on Section 391 IPC

What does Section 391 IPC define?▼

It defines dacoity as robbery committed or attempted by five or more persons acting conjointly, counting all persons present and aiding.

Does Section 391 IPC prescribe a punishment?▼

No. Section 391 IPC is a definition section. Dacoity is punished under Section 395 to Section 400 IPC and Section 402 IPC.

How many persons are required to constitute dacoity under Section 391 IPC?▼

Five or more persons must conjointly commit or attempt to commit robbery, including any persons present and aiding.

Under Section 391 IPC, are persons present and aiding counted toward the five persons?▼

Yes. Section 391 IPC expressly includes persons present and aiding in the count to determine whether there are five or more persons.

Under Section 391 IPC, how does dacoity differ from robbery?▼

Where fewer than five persons in all conjointly commit or attempt the robbery or are present and aiding, the act remains robbery. Dacoity requires the whole number to be five or more.

Is Section 391 IPC bailable and cognizable?▼

Section 391 IPC has no entry in the First Schedule to the CrPC because it defines the offence. Under Section 395 IPC, dacoity is cognizable and non-bailable.

Under Section 391 IPC, which court tries an offence of dacoity?▼

Dacoity is triable by the Court of Session under the punishing provisions such as Section 395 IPC.

Where is Section 391 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 310(1) BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·