Robbery Must First Be Proved to Sustain Dacoity Charge; ‘Dishonest Intention’ Is Foundational Element of Theft Under IPC/BNS: Supreme Court

The Supreme Court of India, in a judgment dated November 17, 2025, quashed an FIR in its entirety, including charges of dacoity under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) [corresponding to Section 395 of the Indian Penal Code, 1860 (IPC)].

The Court, exercising its powers under Article 142 of the Constitution, set aside a Bombay High Court order that had refused to quash the dacoity charge despite an amicable settlement between the accused and the complainant.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that the “foundational element” of “dishonest intention” required to constitute theft, and by extension robbery or dacoity, was absent in the case. The Court found that the subsequent “complete restitution and amicable settlement” further d