Bharatiya Nyaya Sanhita, 2023
BNS Section 310
Dacoity
In one line
BNS Section 310 deals with dacoity and replaces IPC 391 (now 310(1)), IPC 395 (now 310(2)), IPC 396 (now 310(3)), IPC 399 (now 310(4)), IPC 402 (now 310(5)), IPC 400 (now 310(6)).
Punishment, bail and court
| 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. | R igorous 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: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 310
310. Dacoity.
(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.
What changed from the IPC
- IPC 391 → BNS 310(1): IPC Section is included as sub-section in BNS sans heading.
- IPC 391 → BNS 310(1): No other change.
- IPC 395 → BNS 310(2): IPC Section is included as sub-section in BNS sans heading.
- IPC 395 → BNS 310(2): No other change.
- IPC 396 → BNS 310(3): IPC section is included as sub-section in BNS sans heading.
- IPC 396 → BNS 310(3): Minimum mandatory punishment of imprisonment is "shall not be less than ten years".
- IPC 399 → BNS 310(4): IPC section is included as sub-section in BNS sans heading.
- IPC 399 → BNS 310(4): No other change.
- IPC 402 → BNS 310(5): The IPC section is included as sub-section in BNS, sans heading.
- IPC 402 → BNS 310(5): Words "at any time after the passing of this Act, shall" is removed.
- IPC 400 → BNS 310(6): The IPC section is included as sub-section in BNS, sans heading.
- IPC 400 → BNS 310(6): Words "at any time after the passing of this Act, shall" is removed.
Frequently asked
What was BNS Section 310 in the IPC?
BNS Section 310 (Dacoity) replaces Sections 391, 395, 396, 399, 402, 400 of the Indian Penal Code, 1860. IPC 391 is now BNS 310(1). IPC 395 is now BNS 310(2). IPC 396 is now BNS 310(3). IPC 399 is now BNS 310(4). IPC 402 is now BNS 310(5). IPC 400 is now BNS 310(6).
What is the punishment under BNS 310(2)?
Dacoity – punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 310(3)?
Murder in dacoity – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 310(4)?
Making preparation to commit dacoity – punishable with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 310(5)?
Being one of five or more persons assembled for the purpose of committing dacoity – punishable with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 310(6)?
Belonging to a gang of persons associated for the purpose of habitually committing dacoity – punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 310 bailable?
Non-bailable: BNS 310(2), 310(3), 310(4), 310(5), 310(6). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 305 — Theft in a dwelling house, or means of transportation or place of worship, etc
- BNS 306 — Theft by clerk or servant of property in possession of master
- BNS 307 — Theft after preparation made for causing death, hurt or restraint in order to committing of theft
- BNS 308 — Extortion
- BNS 309 — Robbery
- BNS 311 — Robbery, or dacoity, with attempt to cause death or grievous hurt
- BNS 312 — Attempt to commit robbery or dacoity when armed with deadly weapon
- BNS 313 — Punishment for belonging to gang of robbers, etc
- BNS 314 — Dishonest misappropriation of property
- BNS 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death