IPC Section 400: Punishment for Belonging to a Gang of Dacoits
Section 400 of the Indian Penal Code, 1860 punished membership in a gang associated for habitually committing dacoity. The corresponding current provision is Section 310(6) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did IPC Section 400 provide?
Whoever, at any time after the passing of this Act, shall belong 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.
The provision addressed association with a gang formed for habitual dacoity, rather than only the commission of a particular completed robbery.
BNS Section 310(6): Corresponding current provision
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.
The current provision retains the substantive punishment while removing the outdated opening reference to the passage of the IPC. See the official India Code record for the BNS and the NCRB text of BNS provisions.
Meaning of dacoity under Section 310(1) BNS
Dacoity involves five or more persons conjointly committing or attempting robbery. Persons present and aiding the commission or attempt are also counted towards the required number of five. Section 310(1) supplies this definition; Section 310(6) separately addresses membership in a gang associated for habitually committing dacoity.
Essential ingredients of the offence
- There must be a gang or association of persons.
- The gang must be associated for the purpose of habitually committing dacoity, rather than an isolated or unrelated lawful activity.
- The accused must be proved to belong to that gang.
- The required membership and criminal purpose must be established through admissible evidence; mere acquaintance, proximity or suspicion does not by itself establish guilt.
The statutory definition of dacoity involves at least five persons. However, whether the evidence establishes membership of a qualifying habitual dacoity gang is a separate question from proving participation in a specific completed offence.
Punishment and classification
| Former provision | IPC Section 400 |
|---|---|
| Current corresponding provision | BNS Section 310(6) |
| Punishment | Imprisonment for life, or rigorous imprisonment up to ten years, and fine |
| Cognizability | Cognizable |
| Bail classification | Non-bailable; bail is subject to the applicable legal tests |
| Court | Court of Session |
The offence classification under the present procedural framework is governed by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean bail can never be granted.
Difference between dacoity and belonging to a gang of dacoits
BNS Section 310(2) punishes the commission of dacoity. Section 310(4) addresses preparation for dacoity. Section 310(5) addresses being one of five or more persons assembled for the purpose of committing dacoity. Section 310(6) targets belonging to a gang associated for habitual dacoity. These are distinct statutory grounds of liability, each requiring proof of its own elements.
Illustrative example
Suppose evidence establishes that a person knowingly belongs to an organised group associated for repeatedly committing dacoities. Depending on the evidence, liability under Section 310(6) may arise even if that person is not proved to have personally participated in every incident. This illustration does not replace the statutory proof required in an individual case.
Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023
- Bureau of Police Research and Development - New Criminal Laws
- National Crime Records Bureau - BNS sections
Frequently asked questions
What is the punishment under IPC Section 400?
Imprisonment for life or rigorous imprisonment up to ten years, and fine.
Which BNS provision corresponds to IPC Section 400?
Section 310(6) of the Bharatiya Nyaya Sanhita, 2023.
Is actual participation in a completed dacoity necessary?
The offence concerns belonging to a gang associated for habitually committing dacoity. The prosecution must prove the statutory ingredients; a completed dacoity by the accused is not itself an express requirement.
Is the offence bailable?
It is classified as cognizable and non-bailable, and is triable by a Court of Session.
Legal information updated 30 October 2026. This article is general information, not a substitute for advice on a specific criminal case.