Theft, Robbery & Dacoity: Comparative Analysis Under IPC & Bharatiya Nyaya Sanhita (BNS), 2023

By Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com

Introduction

The offences of theft, robbery, and dacoity are central to criminal jurisprudence, public safety, corporate security, and asset protection. With the replacement of the Indian Penal Code (IPC), 1860 by the Bharatiya Nyaya Sanhita (BNS), 2023, understanding the updated structure, definitions, and punishments is crucial for:

• Law firms & litigation teams

• Police & investigation units

• Corporates & security departments

• Insurance & risk management

• Public administration

• Compliance officers

This article simplifies the legal framework under IPC and BNS with a clear comparative approach.

🌟 1. Theft – Meaning & Essentials

Under IPC – Section 378

A person commits theft when he:

“Dishonestly takes any movable property
out of the possession of any person
without that person’s consent.”

✔ Essentials of Theft:

• Dishonest intention

• Movable property

• Without consent

• Physical movement (asportation)

Under BNS – Clause 303

BNS retains the same definition with modernised language.

Key Points (same as IPC):

• Property must be movable

• Act must be dishonest

• Consent must be absent

• Property must be moved

🌟 2. Robbery – Meaning & Conversion Principle

Under IPC – Section 390

Robbery is simply:

Theft + violence
OR
Extortion + immediate threat of harm.

Theft becomes Robbery when:

• Offender uses violence

• Offender causes fear of instant hurt

• Offender threatens death or wrongful restraint

Under BNS – Clause 308

Definition of Robbery is unchanged, maintaining the same principles as IPC.

🌟 3. Dacoity – Group Crime

Under IPC – Section 391

When five or more persons commit or attempt robbery,
→ It becomes dacoity.

Key element:

✔ Minimum 5 persons
✔ Common intention

Under BNS – Clause 310

Definition remains identical to IPC.

Important legal point:

Even if all 5 are not convicted,
→ If unlawful assembly of 5 existed, dacoity stands.

🌟 4. IPC → BNS Replacement Table

Conclusion:
✔ BNS has kept the core definitions unchanged.
✔ Only section numbers have been updated.

🌟 5. Difference Between Theft, Robbery, and Dacoity

Memory Trick:

Theft + Violence = Robbery
Robbery + 5 persons = Dacoity

🌟 6. Illustrative Examples (Practical Legal Understanding)

Example 1 – Theft

A quietly picks up B’s phone from table → Theft

Example 2 – Robbery

A pushes B and snatches wallet → Robbery

Example 3 – Robbery through Extortion

A threatens to kill B now unless he hands over gold → Robbery

Example 4 – Dacoity

Six persons break into house at night, overpower family → Dacoity

Example 5 – Dacoity with Murder

During dacoity, a member kills a resident → Dacoity with Murder

🌟 7. Corporate & Security Relevance

These offences are crucial for:

✔ Risk management teams

✔ CCTV & security system design

✔ Insurance policies

✔ Mall & hotel security

✔ Logistics companies

✔ Theft prevention audits

✔ Workplace compliance

✔ Cash handling units

A clear legal classification impacts:

• FIR creation

• Investigation procedures

• Insurance claims

• Corporate liability

• Criminal defence strategy

🟦 Conclusion

The legal principles governing theft, robbery, and dacoity remain unchanged under BNS 2023. The updated code preserves the established IPC framework while modernizing structure and clarity. For corporates, law enforcement, and legal professionals, understanding these offences with an IPC–BNS comparative view is essential for correct classification, prosecution, and defence.

Author

Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com