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.
IPC Section 400 in BNS: Section 310(6)
Punishment for belonging to gang of dacoits
Section 400 of the Indian Penal Code, 1860 (Punishment for belonging to gang of dacoits) corresponds to Section 310(6) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 310(6) is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for life, or rigorous imprisonment for 10 years and fine.
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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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 310(6)
Full BNS Section 310 and every IPC section it replaced →
Other IPC sections now in BNS 310
- IPC 391: Dacoity → BNS 310
- 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 402: Assembling for purpose of committing dacoity → BNS 310(5)
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