Bharatiya Nyaya Sanhita, 2023
BNS Section 313
Punishment for belonging to gang of robbers, etc
In one line
BNS Section 313 deals with punishment for belonging to gang of robbers, etc and replaces IPC 401.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 313 | Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts. | Rigorous imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
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 313
313. Punishment for belonging to gang of robbers, etc.
Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
What changed from the IPC
- IPC 401 → BNS 313: The word 'thieves' is replaced by "robbers" in the heading.
- IPC 401 → BNS 313: The words "at any time after the passing of this Act, shall" "at wandering or other"and "for the purpose of" are excluded.
Frequently asked
What was BNS Section 313 in the IPC?
BNS Section 313 (Punishment for belonging to gang of robbers, etc) replaces Section 401 of the Indian Penal Code, 1860. IPC 401 is now BNS 313.
What is the punishment under BNS 313?
Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts – 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 magistrate of the first class.
Is BNS 313 bailable?
Non-bailable: BNS 313. 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 308 — Extortion
- BNS 309 — Robbery
- BNS 310 — Dacoity
- 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 314 — Dishonest misappropriation of property
- BNS 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death
- BNS 316 — Criminal breach of trust
- BNS 317 — Stolen property
- BNS 318 — Cheating