IPC Section 395: Punishment for Dacoity and BNS Section 310(2)
Section 395 of the Indian Penal Code, 1860 prescribed punishment for dacoity. For offences committed under the criminal law effective from 1 July 2024, the corresponding punishment appears in Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 395 provide?
Section 395, titled Punishment for dacoity, provided that whoever commits dacoity shall be punished with imprisonment for life or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. The definition of dacoity appeared separately in IPC Section 391.
Current law: BNS Section 310
Section 310(1) defines dacoity: five or more persons conjointly commit or attempt robbery, or the combined number of those committing or attempting robbery and those present and aiding is at least five.
Section 310(2) provides the punishment: imprisonment for life or rigorous imprisonment for a term extending up to ten years, and liability to fine.
The definition includes qualifying attempted robbery; it is not necessary for the property to have been successfully taken in every case. The prosecution must establish the relevant participation and the statutory number of persons.
Essential ingredients of dacoity
- Conduct constituting robbery or an attempt to commit robbery.
- Participation of at least five persons, counting those jointly committing or attempting the robbery and persons present and aiding it.
- Conjoint action or the assistance contemplated by the statutory definition.
- Proof of each accused person's legally relevant involvement beyond reasonable doubt.
Punishment and classification
| Question | Position under current law |
|---|---|
| Corresponding provision | BNS Section 310(2) |
| Punishment | Imprisonment for life, or rigorous imprisonment up to 10 years, and fine |
| Cognizable? | Yes |
| Bailable? | Non-bailable; bail is subject to applicable law and judicial consideration |
| Trial court | Court of Session |
Classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Related offences and distinctions
Robbery: BNS Section 309 deals with robbery, which does not require the five-person threshold applicable to dacoity.
Dacoity with murder: BNS Section 310(3) addresses murder committed by one of five or more persons conjointly committing dacoity and prescribes a distinct, more severe punishment.
Preparation and assembly: BNS Sections 310(4) and 310(5) address preparation for dacoity and being one of five or more persons assembled for its purpose, respectively. Section 310(6) concerns membership of a gang habitually committing dacoity.
Deadly weapons or grievous hurt: BNS Section 311 addresses robbery or dacoity involving use of a deadly weapon, causing grievous hurt, or an attempt to cause death or grievous hurt; Section 312 concerns an attempt to commit robbery or dacoity while armed with a deadly weapon.
Does IPC Section 395 still matter after 1 July 2024?
Yes. The IPC remains relevant to offences committed before the commencement of the BNS, subject to repeal-and-savings provisions and applicable transitional rules. The date of the alleged act matters; a later FIR or trial does not, by itself, make the new substantive penal provision applicable retrospectively.
Illustrative example
Suppose four persons jointly attempt to rob a shop while a fifth person remains at the entrance, present and actively assisting the attempt. If the facts establish the statutory elements, the five-person requirement for dacoity may be satisfied even if no property is ultimately removed. Mere proximity to the scene, without legally relevant participation or assistance, is not enough by itself.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- BNS Act record - India Code
- BNS sections - National Crime Records Bureau
This article provides general legal information. The applicable provision, charges, bail and outcome depend on the facts and governing law.