Question
A gang of five armed individuals attacks a house at
night, kills two persons, and makes off with valuables. Under which section of the Bharatiya Nyaya Sanhita, 2023 is this aggravated form of robbery with murder and minimum gang requirement defined?Solution
Section 396 of BNS, 2023 defines "Dacoity with murder". The section states: "Whenever a dacoity is committed in which or in consequence of which any person is murdered, all and every one of the persons who, at the time of committing or attempting to commit the robbery or dacoity, knew or ought to have known that by the constitution of the gang, the commission of the robbery or dacoity might cause death, shall be guilty of the offence of dacoity with murder." Section 391 defines dacoity itself (robbery by five or more persons), but Section 396 specifically addresses the scenario where murder accompanies the dacoity.
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