Wednesday, March 7, 2012

Dacoity is a term used for "banditry" in India


Dacoity is a term used for "banditry" in India. The spelling is the anglicized version of the Hindi word and as a colloquial Anglo-Indian word with this meaning, also appears in the Glossary of Colloquial Anglo-Indian Words and Phrases (1903)[1] Banditry is criminal activity involving robbery by groups of armed bandits!? The Thuggee and Dacoity Suppression Acts, 1836–1848 was enacted in British India under East India Company rule. Areas with ravines or forests, like Chambal, Chilapata Forests were once known for dacoits.
Contents
Etymology
The word "Dacoity" is the anglicized version of the Hindustani word akaitī (historically spelled dakaitee, Hindi डकैती or Urdu ڈکیتی or Bengali ডাকাতি) which comes from ākū (historically spelled dakoo, Hindi: डाकू, Urdu: ڈاکو, meaning "armed robber") or Bengali akat (ডাকাত).
In Hindi Dacoity (Hindi: डकैती akaitī, Urdu: ڈکیتی akaitī, Bengali: ডাকাতি akati) means "armed robbery".
The term Dacoit (Hindi: डकैत akait, Urdu: ڈکیت akait, Bengali: ডাকাত akat) means "a bandit". According to OED ("A member of a class of robbers in India and Burma, who plunder in armed bands.") Dacoits existed in Burma as well as India, and Rudyard Kipling's fictional Private Mulvaney was hunting Burmese "dacoits" in The Taking of Lungtungpen. Sax Rohmer's legendary criminal mastermind Dr. Fu Manchu also employed Burmese dacoits as his henchmen. The term was also applied, according to OED, to "pirates who formerly infested the Ganges between Calcutta and Burhampore".
"Known Dacoit" (K.D.) is a term used by the Indian police forces to classify criminals.
Famous dacoits
The most infamous dacoit was probably India's Phoolan Devi[2] who authored an autobiography. The movie, Bandit Queen, released in 1994, was based on her life. But the title of the most legendary dacoit is held by Daku Man Singh. Between 1939 and 1955, Daku Man Singh had notched over 1,000 armed robberies, 185 murders, and countless ransom kidnappings.[3] He was involved in 90 police encounters and had killed 32 policemen.[4]
More recently, dacoit Veerappan of Tamil Nadu state evaded authorities for decades until he was shot dead in 2004.[5][6] He was active for a period of years in a broad swathe of land covering 6,000 km² in the states of Karnataka, Kerala and Tamil Nadu. Chambal dacoit Nirbhay Singh Gujjar achieved national renown before being killed in 2005.[7] The most infamous dacoit was Sultana Daku in district Bijnor.
Dhira dacoit was another famous dacoit of British India . He was mostly active in present Amritsar particularly in the majitha area.
Protection measures
In Madhya Pradesh State, women belonging to a village defence group have been issued gun permits to fend off dacoity. The chief minister of the district, Shivraj Singh Chouhan, recognized the role the women had played in defending their villages without guns. He stated that he wanted to enable these women to better defend both themselves and their villages, and issued the gun permits to advance this goal.[8]
In popular culture
As the dacoits flourished through the 1950s-1970s, they were theme was several films made in the era, starting with Ganga Jamuna (1961) and Raj Kapoor’s Jis Desh Mein Ganga Behti Hai (1960), and Sunil Dutt's classic, Mujhe Jeene Do (1963).[9] Other films in this genre were, Khote Sikkay (1973), Mera Gaon Mera Desh (1971), and Kuchhe Dhaage (1973) both byRaj Khosla, the latter inspired the blockbuster, Sholay (1975) had the character of Gabbar Singh played by Amjad Khan. Sholay became a classic in the genre, and its success lead to a surge in films in this genre, Ganga Ki Saugandh (1978) once again with Amitabh Bachchan, and Amjad Khan.
Punjabi biopic Jatt Jeona Morh about the noted dacoit, Jatt Jeona Morh, was made in 1991, also in the same year came, Jagga Dakubased on a noted outlaw and dacoit during British Raj, Jagga Daku.

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‘A’ meets ‘Z’ on the high road, shows a pistol and demands Z’ s purse. ‘Z’ in consequence surrenders his purse here ‘A’ has extorted the purse from ‘Z’ by putting him in fear of instant hurt and being at the time of committing the extorted in hispresence ‘A’ has therefore committed robbery.
(III)Punishment U/Sec 392:
Whoever commits robbery shall be punished with rigorous imprisonment for a term which shall not be less than three years nor more than ten years and shell also be liable to fine and if the robbery be committed on the highway the imprisonment may be extended to fourteen years.
Case La
2005 TLR 128
It was held that the offence of robbery though not compounable but compromise always considered as redeeming feature. An accused can be acquitted on the basis of Compromise between the parties.
4.Dacoity:
When five or more persons co-jointly commit or attempt to commit a robbery or where the whole number of persons co-jointly committed 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.
(I)Ingredients Of Dacoity:
(i)Five or More Persons:
Under this section, the number of persons committing robberymust be five or more. Where the evidence showed that there were six robbers but at the trial three were acquitted, it was held that the conviction under this section is not sustainable.
(ii)Committing or Attempting to Commit robbery:
Robbery becomes dacoity when it is committed by five or more persons. Even an attempted robbery by five or more persons amounts to an offence of dacoity and the fact that the dacoits failed to remove any booty is irrelevant.
(iii)Co-jointly Committing:
There should be co-jointly committing of offence of dacoity word co-jointly used in section 391 P.P.C means jointly.(1995 MLD 1779)
(II)Proof Of Dacoity:
A decoity begins as soon as there is an attempt to commitrobbery. It is not necessary that the force or menace should be displayed by any overt act and it may be implied in the conduct of the mob.
(III)Punishment U/Sec 395:
Whoever commits dacoity shall be punished with imprisonment for life or which rigorous imprisonment for a term which shall not be less than four years nor more then years, and shell also be liable to fine.
(i)Jurisdiction of Court
Offence u/sec 395, being triable by the court of session, magistrate section 30 had no jurisdiction to take cognizance of the same.(1995PrLj 1819)
5.Difference between Robbery And Dacoity:
(I)Number Of Persons:
In Robbery the number of persons are less than five. It may becommitted by a single person.
In dacoity, the number of persons are five or more.
(II)Seriousness:
Robbery is less serious in nature.
Dacoity is more serious offence than robbery because of the terror caused by the presence number of offenders.
(III)Position Of Abettors:
In Robbery, the abettors are liable independently.
In dacoity abettors who are present and aiding when the crime is committed are counted in the number.
(IV)Jurisdiction Of Court:
Robbery may be triable by the illaqa magistrate.
Dacoity shall be triable by the court of session.
(V)Punishment:
Whoever commits robbery shall be punished with rigorous imprisonment for a term which shall not be less than three years, nor more than ten years and shall also be liable to fine
Court while convicting a person u/sec 395, P.P.C, can either sentence him to imprisonment for life or to rigorous imprisonment which cannot be than fore years or more than ten years in addition to fine(1993 SCMR 1058)
(VI)Position In Highway:
If robbery is committed on the highway, the imprisonment may be extended to fourteen years.
The fact that the Dacoity is committed on the highway, does not change the position or punishment.
6.Conclusion:
To conclude, I can say, that the definition of robbery contemplates that an accused should from very beginning have the intention to deprive another person of the property and to achieve that end, either hurt is caused or a person is placed. Under wrongful restraint, or it must be actually found that victim was put in fear of instant death, hurt or wrongful confinement when the same offence is committed by five or more serious in nature.

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