On a plain reading of Section 391, IPC it would appear that in order that a dacoity can be said to have been committed, it is necessary that five or more persons conjointly commit a robbery or attempt to commit robbery. If a robbery was committed, the dacoits would have the booty with them, but if the matter rested only with an attempt to commit a robbery there would be no question of the dacoits having any booty with them.2
There are three ingredients in Dacoity:
- The accused commit or attempt to commit robbery;
- Persons committing or attempting to commit robbery and persons present and aiding must not be less than five;
- All such persons should act conjointly.
The word conjointly refers to united or concerted action of five or more persons participating in the act of committing the offence. In other words, five or more persons should be concerned in the commission of the offence and they should commit or attempt to commit robbery.