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      Question

      Consider the following statements regarding dacoity

      under Section 391 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Dacoity is robbery committed by five or more persons acting together. Statement 2: All five or more persons must use force or threat; at least one person causing injury is insufficient for dacoity. Statement 3: Dacoity requires that the force or threat be used "in order to the committing of robbery" or in its commission or in carrying away stolen property. Statement 4: A robbery committed by four persons acting together does not constitute dacoity under BNS. Which statements are correct?
      A Statements 1 and 4 only Correct Answer Incorrect Answer
      B Statements 1, 3, and 4 only Correct Answer Incorrect Answer
      C Statements 2 and 3 only Correct Answer Incorrect Answer
      D Statements 1 and 3 only Correct Answer Incorrect Answer
      E Statements 1, 2, 3, and 4 only Correct Answer Incorrect Answer

      Solution

      Section 391 of BNS, 2023 defines dacoity as "when five or more persons commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery amounts to five or more." Statement 1 is correct—five or more acting together. Statement 4 is correct—four persons would not constitute dacoity. Statement 3 is correct—the force/threat must be in order to committing robbery or in carrying away stolen property. Statement 2 is incorrect—the definition requires that five or more persons "commit or attempt" to commit robbery; it doesn't require that all five use force; the conduct of one person may be attributed to the group if acting together. Statements 1 and 3 are correct.

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