IPC 395→BNS 310(2)

IPC 395 to BNS 310(2): Punishment for dacoity

Section 395 IPC (1860) replaced by Section 310(2) BNS (2023)

View IPC Section 395 →View BNS Section 310(2) →

IPC 395 to BNS 310(2) at a Glance

Section 395 IPC (Punishment for dacoity) is now Section 310(2) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 395 to BNS 310(2)?

Section 395 IPC corresponds to Section 310(2) BNS. The definition of dacoity and the punishments of imprisonment for life or rigorous imprisonment for up to ten years, along with liability to fine, remain unchanged in substance.

IPC 395 vs BNS 310(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section395310(2)
OffencePunishment for dacoitySame
PunishmentImprisonment for life, or rigorous imprisonment for a term which may extend to ten years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 395 and BNS 310(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 395, IPC 1860

395. Punishment for dacoity.—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.
BNS 2023 (in force)

Section 310(2), BNS 2023

(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.

Ingredients: IPC 395 vs BNS 310(2)

Under IPC 395
  1. The commission of robbery as defined in Section 390 IPC or an attempt to commit robbery
  2. Five or more persons conjointly commit or attempt to commit that robbery
  3. Alternatively, the whole number of persons conjointly committing or attempting the robbery, together with those present and aiding, amounts to five or more
  4. Every person so committing, attempting, or aiding commits dacoity, sharing liability for the joint act
Under BNS 310(2)
  1. Commission of dacoity by five or more persons acting conjointly
  2. Punishment with imprisonment for life or rigorous imprisonment extending to ten years and liability to fine under Section 310(2) BNS

What IPC 395 to BNS 310(2) Means for Pending Cases

For Section 395 IPC (now Section 310(2) BNS): under Section 310(2) BNS, the punishment for dacoity remains imprisonment for life or rigorous imprisonment up to ten years and liability to fine. Proceedings for offences committed after the BNS took effect are instituted under Section 310(2) BNS.

FAQs: IPC 395 to BNS 310(2)

What changed from Section 395 IPC to Section 310(2) BNS?▼

The substantive law remains identical. Section 310(2) BNS reenacts Section 395 IPC without change, maintaining imprisonment for life or rigorous imprisonment for up to ten years and liability to fine for dacoity.

Where does Section 395 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 395 IPC is located at Section 310(2) BNS, under Chapter XVII, Of Offences Against Property.

Does Section 395 IPC or Section 310(2) BNS apply to an act done before 1 July 2024?▼

Section 395 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 395 IPC. Section 310(2) 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 ·