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Consider the following statements: 1. A person is not guilty of dacoity unless he has committed or…

Statement 1 correctly identifies conduct required for dacoity: committing or attempting robbery, or being present and aiding it. Section 391 additionally requires at least…

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Consider the following statements:
1. A person is not guilty of dacoity unless he has committed or attempted to commit robbery, or aided in committing robbery.
2. When two persons jointly commit robbery, every person so committing robbery is said to commit dacoity.
Which statement or statements are true?

Select one answer
Answer and explanation

Correct answer C

Statement 1 correctly identifies conduct required for dacoity: committing or attempting robbery, or being present and aiding it. Section 391 additionally requires at least five persons in the conjoint commission/attempt and present assistance taken together. Statement 2 is false because two persons alone do not satisfy that threshold. Thus 1 is true and 2 is false. A person’s mere presence without the required aiding/membership facts is insufficient.

Current law: BNS section 310(1) retains the five-person dacoity definition from 1 July 2024, subject to savings for earlier offences.

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