310. (1) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. (2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. (4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
BNS Section 310: Dacoity
Section 310 of the Bharatiya Nyaya Sanhita, 2023 deals with dacoity. It replaces IPC 391, IPC 395, IPC 396, IPC 399, IPC 400, IPC 402 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 310(2) is cognizable and non-bailable; 310(3) is cognizable and non-bailable; 310(4) is cognizable and non-bailable; 310(5) is cognizable and non-bailable; 310(6) is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 310(2) | Dacoity. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 310(3) | Murder in dacoity. | Death, imprisonment for life, or rigorous imprisonment for not less than 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 310(4) | Making preparation to commit dacoity. | Rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 310(5) | Being one of five or more persons assembled for the purpose of committing dacoity. | Rigorous imprisonment for 7 years and fine. | Cognizable | Non-bailable | Court of Session |
| 310(6) | Belonging to a gang of persons associated for the purpose of habitually committing dacoity. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 310
IPC sections replaced
- IPC 391: Dacoity
- IPC 395: Punishment for dacoity → BNS 310(2)
- IPC 396: Dacoity with murder → BNS 310(3)
- IPC 399: Making preparation to commit dacoity → BNS 310(4)
- IPC 400: Punishment for belonging to gang of dacoits → BNS 310(6)
- IPC 402: Assembling for purpose of committing dacoity → BNS 310(5)
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