IPC 401 in BNS: Find the New Section and What Changed

What Changed From IPC 401 to BNS 313?

Section 401 IPC corresponds to Section 313 BNS. Section 313 BNS modernises the language by omitting the opening words at any time after the passing of this Act, replacing any wandering or other gang with any gang, and dropping the reference to thugs while preserving the exclusion of a gang of dacoits. The punishment of rigorous imprisonment for up to seven years and liability to fine remain unchanged in substance.

IPC 401 vs BNS 313: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	401	313
Offence	Punishment for belonging to gang of thieves	Same
Punishment	Rigorous imprisonment for a term which may extend to seven years.	Same
Fine	The offender is also liable to fine.	Same
Bail	Non-Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Magistrate of the first class	Same

IPC 401 and BNS 313: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 401, IPC 1860

401. Punishment for belonging to gang of thieves.—Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

BNS 2023 (in force)

Section 313, BNS 2023

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.

Ingredients: IPC 401 vs BNS 313

Under IPC 401

The existence of a wandering or other gang of persons associated together
The association was for the purpose of habitually committing theft or robbery
The gang was not a gang of thugs or dacoits, which are dealt with under separate provisions of the law
The accused belonged to that gang

Under BNS 313

Belonging to any gang of persons associated in habitually committing theft or robbery and not being a gang of dacoits
Punishment with rigorous imprisonment extending to seven years and liability to fine under Section 313 BNS

What IPC 401 to BNS 313 Means for Pending Cases

For Section 401 IPC (now Section 313 BNS): under Section 313 BNS, belonging to a gang of thieves or robbers remains punishable with rigorous imprisonment up to seven years and liability to fine. A charge for an act done after the BNS came into force cites Section 313 BNS.

FAQs: IPC 401 to BNS 313

What changed from Section 401 IPC to Section 313 BNS?▼

Section 313 BNS updates the language by dropping the words wandering and thugs and omitting the archaic commencement clause, while retaining the core offence of belonging to a gang associated in habitually committing theft or robbery not being a gang of dacoits, with rigorous imprisonment up to seven years and liability to fine.

Where does Section 401 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 401 IPC is located at Section 313 BNS, under Chapter XVII, Of Offences Against Property.

Does Section 401 IPC or Section 313 BNS apply to an act done before 1 July 2024?▼

Section 401 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 401 IPC. Section 313 BNS governs acts done on or after 1 July 2024.

IPC 401 to BNS 313: Punishment for belonging to gang of thieves

IPC 401 to BNS 313 at a Glance