IPC 396→BNS 310(3)

IPC 396 to BNS 310(3): Dacoity with murder

Section 396 IPC (1860) replaced by Section 310(3) BNS (2023)

View IPC Section 396 →View BNS Section 310(3) →

IPC 396 to BNS 310(3) at a Glance

Section 396 IPC (Dacoity with murder) is now Section 310(3) 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 396 to BNS 310(3)?

Section 396 IPC corresponds to Section 310(3) BNS. Section 310(3) BNS modifies the fixed-term sentence by prescribing rigorous imprisonment for a term which shall not be less than ten years, setting a mandatory minimum of ten years where Section 396 IPC prescribed a term extending up to ten years.

IPC 396 vs BNS 310(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section396310(3)
OffenceDacoity with murderSame
PunishmentDeath, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.Death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years.
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 396 and BNS 310(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 396, IPC 1860

396. Dacoity with murder.—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 may extend to ten years, and shall also be liable to fine.
BNS 2023 (in force)

Section 310(3), BNS 2023

(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.

Ingredients: IPC 396 vs BNS 310(3)

Under IPC 396
  1. A dacoity was conjointly committed by five or more persons as defined under Section 391 IPC
  2. Any one of those five or more persons committed murder while committing the dacoity
  3. The killing amounted to murder
  4. The accused was one of the persons conjointly committing the dacoity at the time the murder was committed
Under BNS 310(3)
  1. Commission of murder by any member of five or more persons conjointly committing dacoity
  2. Punishment with death, imprisonment for life, or rigorous imprisonment for not less than ten years and liability to fine under Section 310(3) BNS

What IPC 396 to BNS 310(3) Means for Pending Cases

For Section 396 IPC (now Section 310(3) BNS): under Section 310(3) BNS, the fixed-term punishment option is changed from a maximum of ten years to a mandatory minimum of ten years rigorous imprisonment, while capital punishment and life imprisonment remain available. New prosecutions cite Section 310(3) BNS.

FAQs: IPC 396 to BNS 310(3)

What changed from Section 396 IPC to Section 310(3) BNS?▼

Section 310(3) BNS alters the term of rigorous imprisonment: it prescribes that imprisonment shall not be less than ten years, establishing a mandatory floor, whereas Section 396 IPC prescribed a term which may extend to ten years. Punishments of death, imprisonment for life, and liability to fine remain unchanged.

Where does Section 396 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 396 IPC is located at Section 310(3) BNS, under Chapter XVII, Of Offences Against Property.

Does Section 396 IPC or Section 310(3) BNS apply to an act done before 1 July 2024?▼

Section 396 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 396 IPC. Section 310(3) 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 ·