IPC 402→BNS 310(5)

IPC 402 to BNS 310(5): Assembling for purpose of committing dacoity

Section 402 IPC (1860) replaced by Section 310(5) BNS (2023)

View IPC Section 402 →View BNS Section 310(5) →

IPC 402 to BNS 310(5) at a Glance

Section 402 IPC (Assembling for purpose of committing dacoity) is now Section 310(5) 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 402 to BNS 310(5)?

Section 402 IPC corresponds to Section 310(5) BNS. Section 310(5) BNS modernises the phrasing by omitting the archaic phrase at any time after the passing of this Act, while the essential elements of assembling with five or more persons for the purpose of committing dacoity, the maximum term of rigorous imprisonment for up to seven years, and the liability to fine remain unchanged in substance.

IPC 402 vs BNS 310(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section402310(5)
OffenceAssembling for purpose of committing dacoitySame
PunishmentRigorous imprisonment for a term which may extend to seven years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 402 and BNS 310(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 402, IPC 1860

402. Assembling for purpose of committing dacoity.—Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, 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 310(5), BNS 2023

(5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Ingredients: IPC 402 vs BNS 310(5)

Under IPC 402
  1. An assembly of five or more persons
  2. The assembly was formed for the shared purpose of committing dacoity as defined in Section 391 IPC
  3. The accused was one of the five or more persons so assembled with knowledge of that purpose
Under BNS 310(5)
  1. Being one of five or more persons assembled for the purpose of committing dacoity
  2. Punishment with rigorous imprisonment extending to seven years and liability to fine under Section 310(5) BNS

What IPC 402 to BNS 310(5) Means for Pending Cases

For Section 402 IPC (now Section 310(5) BNS): under Section 310(5) BNS, assembling with five or more persons for the purpose of committing dacoity 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 310(5) BNS.

FAQs: IPC 402 to BNS 310(5)

What changed from Section 402 IPC to Section 310(5) BNS?▼

The substantive law remains identical. Section 310(5) BNS reenacts Section 402 IPC while omitting the historical opening clause at any time after the passing of this Act, maintaining rigorous imprisonment for up to seven years and liability to fine for assembling for dacoity.

Where does Section 402 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 402 IPC is located at Section 310(5) BNS, under Chapter XVII, Of Offences Against Property.

Does Section 402 IPC or Section 310(5) BNS apply to an act done before 1 July 2024?▼

Section 402 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 402 IPC. Section 310(5) 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 ·