Indian criminal law | Updated October 2026
Section 402 IPC: Assembling for the Purpose of Committing Dacoity
Section 402 of the Indian Penal Code, 1860 punished participation in an assembly of five or more persons formed for committing dacoity. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 310(5).
Text of Section 402 IPC
Whoever, at any time after the passing of this Act, shall be 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.
Current law: Section 310(5) BNS
Section 310(5) of the Bharatiya Nyaya Sanhita, 2023 provides that whoever is one of five or more persons assembled for the purpose of committing dacoity shall be punished with rigorous imprisonment for a term extending up to seven years and shall also be liable to fine.
The corresponding provision preserves the central requirement of an assembly of at least five persons with the purpose of committing dacoity.
Essential ingredients of the offence
- Five or more persons: The prosecution must establish an assembly comprising at least five persons.
- Purpose of committing dacoity: The assembly must have been formed for committing dacoity, not merely for an ordinary meeting or lawful gathering.
- Participation: The accused must be shown to have been one of the persons in that assembly, with evidence connecting the accused to the unlawful purpose.
- Proof: The criminal purpose must be established from admissible evidence and surrounding circumstances; mere presence at a place is not by itself conclusive.
Meaning of dacoity
Under Section 310(1) BNS, dacoity involves five or more persons conjointly committing or attempting robbery, including persons present and aiding the commission or attempt, where the total is at least five. The earlier definition appeared in Section 391 IPC. The offence of assembling to commit dacoity is distinct from a completed dacoity.
Punishment and classification
| Particular | Legal position |
|---|---|
| Earlier provision | Section 402 IPC |
| Current corresponding provision | Section 310(5) BNS |
| Imprisonment | Rigorous imprisonment up to seven years |
| Fine | Also liable to fine |
| Cognizability | Cognizable |
| Bail classification | Non-bailable |
| Trial court | Court of Session |
The classification of the current offence is governed by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Non-bailable does not mean that bail can never be granted; bail is determined under the applicable law.
Assembly, preparation and completed dacoity
Section 310(5) BNS concerns assembling for dacoity. Section 310(4) addresses preparation to commit dacoity, while Section 310(2) punishes commission of dacoity. These are distinct statutory provisions and the evidence required depends on the offence charged.
Which law applies: IPC or BNS?
For conduct occurring before 1 July 2024, the relevant IPC provisions and statutory savings may continue to apply. Conduct occurring on or after the commencement of the BNS is ordinarily assessed under the BNS. The date of the alleged offence and applicable transitional provisions should be checked in every case.
Frequently asked questions
Is actual commission of dacoity necessary under Section 402 IPC?
No. The provision targets assembling with the purpose of committing dacoity, even where the contemplated dacoity has not been completed.
What is the punishment under Section 310(5) BNS?
Rigorous imprisonment for up to seven years and liability to fine.
Is the offence bailable?
It is classified as non-bailable, but an accused may apply for bail under the applicable procedural law.
Official legal sources
- India Code: Bharatiya Nyaya Sanhita, 2023
- National Crime Records Bureau: BNS sections
- Bureau of Police Research and Development: BNS text
This article provides general legal information. The statute, procedural classification, evidence and current judicial decisions should be checked for individual cases.