Under Section 310 of the Bharatiya Nyaya Sanhita 2023, dacoity is committed when robbery is committed by how many or more persons?

Section 310 of the Bharatiya Nyaya Sanhita 2023 provides that when robbery is committed by, or in conjunction with, five or more persons, or where persons so concerned conjointly commit or attempt to commit robbery, every person guilty of the offence is said to commit dacoity. Section 309 defines robbery, which requires theft or extortion accompanied by violence or the threat of instant violence. The distinguishing feature of dacoity, which corresponds to Section 391 of the Indian Penal Code, is the plurality of at least five persons, whether their concurrence is pre-arranged or arises at the time of the offence. Where fewer than five persons are concerned, the offence remains robbery and not dacoity. Five or more is therefore the correct threshold.