IPC 391→BNS 310(1)

IPC 391 to BNS 310(1): Dacoity

Section 391 IPC (1860) replaced by Section 310(1) BNS (2023)

View IPC Section 391 →View BNS Section 310(1) →

IPC 391 to BNS 310(1) at a Glance

Section 391 IPC (Dacoity) is now Section 310(1) BNS, in force from 1 July 2024. Only the section number changed.

What Changed From IPC 391 to BNS 310(1)?

Section 391 IPC corresponds to Section 310(1) BNS. The statutory definition of dacoity is reproduced without substantive change.

IPC 391 vs BNS 310(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section391310(1)
OffenceDacoitySame
PunishmentNone. Section 391 IPC defines dacoity and prescribes no term of imprisonment. Dacoity is punished under Section 395 IPC with imprisonment for life or rigorous imprisonment for up to ten years, and Section 396 to Section 400 IPC and Section 402 IPC deal with aggravated and related forms.None. Section 310(1) BNS defines dacoity and prescribes no term of imprisonment. Dacoity is punished under Section 310(2) BNS with imprisonment for life or rigorous imprisonment for up to ten years, and Section 310(3) to Section 310(6) BNS deal with aggravated and related forms.
FineNone under Section 391 IPC. Fine is provided under the punishing sections, beginning with Section 395 IPC.None under Section 310(1) BNS. Fine is provided under the punishing sub-sections, beginning with Section 310(2) BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 391 and BNS 310(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 391, IPC 1860

391. Dacoity.—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”.
BNS 2023 (in force)

Section 310(1), BNS 2023

(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.

Ingredients: IPC 391 vs BNS 310(1)

Under IPC 391
  1. Commission of robbery or an attempt to commit robbery as defined in Section 390 IPC
  2. Five or more persons acting conjointly in committing or attempting to commit the robbery
  3. Persons present and aiding such commission or attempt are counted toward the requisite number of five or more
  4. Every person so committing, attempting, or aiding is liable as having committed dacoity
Under BNS 310(1)
  1. Five or more persons conjointly committing or attempting to commit robbery
  2. Counting persons present and aiding toward the total of five or more, under Section 310(1) BNS

What IPC 391 to BNS 310(1) Means for Pending Cases

For Section 391 IPC (now Section 310(1) BNS): under Section 310(1) BNS, the definition of dacoity remains unchanged. A charge for an act done after the BNS came into force cites the substantive provisions of Section 310 BNS and is framed on the same elements as before.

FAQs: IPC 391 to BNS 310(1)

What changed from Section 391 IPC to Section 310(1) BNS?▼

The legal definition of dacoity is unchanged. Section 310(1) BNS retains the requirement of five or more persons conjointly committing or attempting robbery, including persons present and aiding.

Where does Section 391 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 391 IPC sits in Section 310(1) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 391 IPC or Section 310(1) BNS apply to an act done before 1 July 2024?▼

Section 391 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 391 IPC. Section 310(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·