IPC Section 399 - Making Preparation to Commit Dacoity and BNS Section 310(4)
Making preparations for dacoity is a punishable offence even if the planned robbery is never carried out. The former IPC Section 399 corresponds to Section 310(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 399 provide?
Section 399 of the Indian Penal Code, 1860, titled Making preparation to commit dacoity, provided:
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.
The provision specifically criminalised preparation for dacoity, unlike the general rule that mere preparation for many offences is not itself punishable.
Current provision: BNS Section 310(4)
Section 310(4) of the Bharatiya Nyaya Sanhita, 2023 continues the offence of making preparation to commit dacoity. It provides for rigorous imprisonment for a term extending up to ten years and liability to a fine.
For the enacted text, consult the official India Code BNS record and the National Crime Records Bureau IPC-BNS correspondence table.
Meaning of dacoity under BNS Section 310(1)
Dacoity occurs when five or more persons conjointly commit or attempt to commit robbery. The count also includes persons present and aiding the commission or attempt; if the total reaches five or more, the participants described by the provision commit dacoity.
Robbery is addressed in BNS Section 309. Dacoity therefore involves the robbery-related conduct together with the statutory group requirement.
Essential ingredients of preparation for dacoity
- There must be conduct amounting to preparation, rather than mere suspicion or an unacted-upon intention.
- The preparation must be directed towards the commission of dacoity, involving the contemplated participation of at least five persons within the statutory definition.
- The prosecution must prove the necessary connection between the accused and the alleged preparatory acts, based on admissible evidence.
- Completion of the planned dacoity is not required to establish the separate preparation offence.
Examples of potentially relevant evidence may include coordinated arrangements, weapons, transport, surveillance or communications. Their significance depends on the facts; possession of an ordinary object or presence at a location alone does not automatically establish this offence.
Punishment and offence classification
| Particular | Position |
|---|---|
| Former provision | IPC Section 399 |
| Current corresponding provision | BNS Section 310(4) |
| Maximum imprisonment | Rigorous imprisonment up to 10 years |
| Fine | Also liable to fine |
| Cognizability | Cognizable |
| Bail | Non-bailable; bail is subject to applicable law and judicial consideration |
| Court ordinarily competent to try | Court of Session |
Procedural classification is governed by the applicable criminal procedure law, including the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for offences under the BNS.
Preparation, assembly and attempt: important differences
Preparation: Under BNS Section 310(4), the offence concerns steps taken towards committing dacoity. Assembly: BNS Section 310(5), corresponding to former IPC Section 402, separately addresses being one of five or more persons assembled for the purpose of committing dacoity. Attempt: Attempt involves conduct going beyond preparation towards execution of the intended offence; its legal treatment depends on the applicable provision and facts.
These offences have distinct ingredients. The prosecution must establish the elements of each charge rather than treating them as interchangeable.
Related legal provisions
- BNS Section 309: Robbery, its definition and related punishment provisions.
- BNS Section 310(1): Definition of dacoity.
- BNS Section 310(2): Punishment for committing dacoity.
- BNS Section 310(3): Dacoity with murder.
- BNS Section 310(5): Assembly for the purpose of committing dacoity.
- BNS Section 310(6): Belonging to a gang associated with habitual dacoity.
- BNS Sections 311 and 312: Aggravated robbery or dacoity involving deadly weapons, grievous hurt or attempts to cause serious harm.
Frequently asked questions
Is preparation for dacoity punishable without an actual robbery?
Yes. BNS Section 310(4) specifically punishes preparation for dacoity, subject to proof of the statutory ingredients.
What is the maximum sentence under IPC Section 399?
Rigorous imprisonment for up to ten years, together with liability to a fine. The corresponding BNS provision retains that punishment.
Is BNS Section 310(4) bailable?
No. The offence is classified as non-bailable, although a court may consider bail in accordance with the governing procedure.
Does a group of fewer than five automatically constitute dacoity?
No. The statutory definition requires at least five persons, counting those conjointly committing or attempting robbery and persons present and aiding as specified by BNS Section 310(1).