Section 310 BNS: Dacoity

Bharatiya Nyaya Sanhita, 2023

Section 310 BNS at a Glance

Section 310 BNS deals with dacoity. It replaced Sections 391, 395, 396, 399 and 402 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 391 →

Section 310 BNS Bare Act Text

(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”.

(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.

(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.

(4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(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.

(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing 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.

Source: Section 310, Bharatiya Nyaya Sanhita, 2023

Section 310 BNS in the IPC (Previous Law)

Section 310 BNS replaced Sections 391, 395, 396, 399 and 402 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 310 BNS

When does a robbery become dacoity under Section 310(1) BNS?▼

Under Section 310(1) BNS, a robbery or attempted robbery becomes dacoity when five or more persons act conjointly to commit or attempt it. The minimum count of five includes both the persons directly committing or attempting the robbery and any persons who are present and aiding them.

Are helpers who only keep watch at the scene guilty of dacoity under Section 310(1) BNS?▼

Yes, Section 310(1) BNS includes persons who are present and aiding the commission or attempt of a robbery in the total count of five or more. Every person so committing, attempting, or aiding is said to commit dacoity.

Does an unsuccessful attempt at robbery by five persons amount to dacoity under Section 310(1) BNS?▼

Yes, Section 310(1) BNS explicitly covers both committing a robbery and attempting to commit a robbery. When five or more persons conjointly attempt a robbery, including those present and aiding, every one of them commits dacoity.

Does Section 310(1) BNS prescribe the punishment for dacoity?▼

No, Section 310(1) BNS only defines when a robbery or attempted robbery constitutes dacoity and prescribes no punishment of its own. The punishment for committing dacoity is set out in Section 310(2) BNS, and related offences are punished under Sections 310(3) to 310(6) BNS.

What does Section 310(2) of the Bharatiya Nyaya Sanhita cover?▼

Section 310(2) BNS prescribes the punishment for committing dacoity. When five or more persons conjointly commit or attempt robbery, or commit, attempt, or aid it while present so that the total is five or more as defined in Section 310(1) BNS, every such person is punishable under Section 310(2) BNS.

What punishment is there for dacoity under Section 310(2) BNS?▼

Section 310(2) BNS says whoever commits dacoity can be punished with imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. The exact sentence in a case depends on the facts and the court's decision.

What has to be shown to punish someone for dacoity under Section 310(2) BNS?▼

To punish an accused under Section 310(2) BNS, it must be shown that the person committed dacoity, meaning there was robbery or attempted robbery by five or more persons acting together, including those present and aiding as defined in Section 310(1) BNS. Every participant in that group is liable to the punishment under Section 310(2) BNS.

What is the difference between dacoity and preparation for dacoity under Section 310 BNS?▼

Dacoity under Section 310(2) BNS punishes the actual commission of dacoity as defined in Section 310(1) BNS. Preparation for committing dacoity is separately punished under Section 310(4) BNS, even before the dacoity is carried out. For preparation, the punishment may extend to ten years of rigorous imprisonment, and the offender is also liable to fine.

Under Section 310(3) BNS, is every member of the gang punished if one person kills someone during dacoity?▼

Yes, if the prosecution proves that they were part of the dacoity and the murder happened during that offence. Individual roles matter, but direct hand in the killing is not always necessary. The group liability is very serious under this provision.

Does Section 310(3) BNS apply if there was only robbery and not dacoity?▼

No, this section specifically applies only when the offence is dacoity, which means five or more persons are involved. If fewer persons are involved, other provisions may apply, but not this one. The number of offenders is a key point.

What is the punishment under Section 310(3) BNS?▼

The punishment is death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and the offender shall also be liable to fine. Because the offence involves murder during dacoity, courts treat it as one of the most serious crimes. Bail is generally not available as a matter of right.

Has Section 310(3) BNS moved to the new criminal law?▼

Yes. The earlier provision has been replaced by Section 310(3) of the Bharatiya Nyaya Sanhita (BNS), 2023. The rule of joint liability for murder during dacoity remains the same, while the fixed-term alternative now requires rigorous imprisonment for not less than ten years.

Is actual dacoity required for Section 310(4) BNS to apply?▼

No. The offence is complete once preparation for dacoity is proved. The police and prosecution do not need to wait until the robbery is carried out.

What evidence is usually used to prove an offence under Section 310(4) BNS?▼

Courts usually look at recovery of weapons, presence of a group, suspicious conduct, planning material, and witness statements. The evidence must show real preparation, not just suspicion.

Under Section 310(4) BNS, can a person be arrested for only planning?▼

Yes, if the preparation is serious enough and the facts disclose this offence, arrest can follow because the offence is cognizable and non-bailable. But the allegations must be supported by material facts.

How is Section 310(4) BNS different from attempt?▼

Preparation comes before attempt. In attempt, the accused has moved beyond planning and has started executing the offence. Section 310(4) BNS deals with the planning and readiness stage.

Is the actual dacoity required for Section 310(5) BNS to apply?▼

No. The offence is complete once five or more persons assemble for the purpose of committing dacoity. The police and prosecution do not need to wait until the robbery is carried out.

How is Section 310(5) BNS different from ordinary preparation?▼

Ordinary preparation by itself is not always enough. Under this section, the prosecution must show a group assembly of five or more persons with the specific purpose of committing dacoity.

Under Section 310(5) BNS, can a person be punished if they were only present at the spot?▼

Mere presence is not enough. The prosecution must prove that the person knowingly joined the assembly and shared the unlawful purpose.

What is the punishment under Section 310(5) BNS?▼

The punishment is rigorous imprisonment for up to 7 years, and liability to fine. The offence is also cognizable and non-bailable.

What does Section 310(6) BNS mean in simple words?▼

Section 310(6) BNS covers a person who belongs to a gang associated for the purpose of habitually committing dacoity. In simple words, the focus is on being part of a gang formed to regularly commit dacoity, even if the text here is not limited to one specific incident. The punishment given in the text is imprisonment for life, or rigorous imprisonment up to ten years, and liability to fine.

What has to be proved for an offence under Section 310(6) BNS?▼

The text requires that the person belongs to a gang of persons associated for the purpose of habitually committing dacoity. So the allegation is not just about being present once, but about membership in a gang linked to repeated dacoity. What evidence may be used is not stated in this bare text.

What is the punishment for being part of a dacoity gang under Section 310(6) BNS?▼

The punishment under Section 310(6) BNS is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and the offender shall also be liable to fine. The exact sentence in a case depends on the court and the facts proved. The section itself gives these punishment limits.

How is Section 310(6) BNS different from preparing for dacoity or assembling for dacoity?▼

Section 310(6) BNS is about belonging to a gang associated for habitually committing dacoity. Section 310(4) BNS deals with making preparation for committing dacoity, while Section 310(5) BNS deals with being one of five or more persons assembled for the purpose of committing dacoity. So these are different acts under the same dacoity provision.

Section 310 BNS: Sub-sections Explained

Section 310(1) BNS: Dacoity

▶

Bare Act Text

(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.

Explained in Simple Words

Section 310(1) of the Bharatiya Nyaya Sanhita (BNS) defines the offence of dacoity. It applies whenever five or more persons conjointly commit or attempt to commit a robbery, or when the combined number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt reaches five or more. Every person who commits, attempts, or is present and aids the robbery is said to commit dacoity.

Because Section 310(1) BNS is a defining provision, it prescribes no punishment of its own. The punishment for committing dacoity is enacted in Section 310(2) BNS, while Sections 310(3) to 310(6) BNS provide punishments for dacoity with murder, preparation for dacoity, assembling for dacoity, and belonging to a gang of dacoits.

Two points are central for readers. First, acting conjointly means the participants act together in a shared enterprise rather than separately. Second, lookouts or helpers who are physically present at the scene and aid the commission or attempt are counted toward the minimum requirement of five persons and are equally liable for dacoity.

Key Ingredients

  • Five or more persons conjointly committing or attempting to commit robbery
  • Counting persons present and aiding toward the total of five or more, under Section 310(1) BNS

Punishment

🔒 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.

💰 None under Section 310(1) BNS. Fine is provided under the punishing sub-sections, beginning with Section 310(2) BNS.

Section 310(1) BNS defines when robbery becomes dacoity without prescribing a punishment of its own. Punishment for dacoity and related offences is provided under Section 310(2) to Section 310(6) BNS.

Real-World Example

On a highway outside Bhopal, six men stopped a transport lorry. Four men dragged the driver out and forcibly took the cash box and vehicle documents, while the fifth and sixth men stood beside the lorry keeping watch. Because the robbery was committed conjointly by five or more persons including those present and aiding, all six persons committed dacoity as defined in Section 310(1) BNS.

When This Does Not Apply

  • The total number of persons committing, attempting, and present and aiding is fewer than five
  • The underlying act does not amount to robbery or an attempt to commit robbery
  • The persons were not acting conjointly
  • The person neither committed nor attempted the robbery and was not present and aiding

Previous Law

IPC 391 → Section 310(1) BNS

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

Section 310(2) BNS: Dacoity

▶

Bare Act Text

(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.

Explained in Simple Words

Section 310(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing the offence of dacoity. It applies to any person who commits dacoity as defined in Section 310(1) BNS, which occurs when five or more persons conjointly commit or attempt to commit a robbery, including persons who are present and aiding such commission or attempt so that the total number is five or more.

Whoever commits dacoity under this sub-section 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. This means the imprisonment is mandatory and rigorous if not for life, and the court may also impose a fine in addition to the prison sentence.

A key point for readers is that Section 310(1) BNS treats every person who commits, attempts, or is present and aids the conjoint robbery by five or more persons as committing dacoity. As a result, each such participant faces the same punishment under Section 310(2) BNS, whether they used force themselves or stood present to aid the group.

Key Ingredients

  • There is dacoity as defined in Section 310(1) BNS
  • Five or more persons conjointly commit or attempt to commit robbery, or persons present and aiding make the number five or more
  • The accused committed, attempted or aided that conjoint act
  • The act involves robbery committed or attempted by the group

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or rigorous imprisonment for up to ten years.

💰 Fine may be imposed in addition to imprisonment.

Committing dacoity is punishable with imprisonment for life or rigorous imprisonment for up to ten years, and the offender is also liable to fine.

Real-World Example

Late at night near a jewellery transport route outside Indore, Anil, Ritu, Arjun and three others stop a van carrying gold ornaments. Two of them threaten the driver and grab the bags, while the others stand nearby to block help and assist the escape. All six are acting together for the same robbery. Because five or more persons conjointly committed the robbery including those present and aiding, each of them committed dacoity and is punishable under Section 310(2) BNS with imprisonment for life, or rigorous imprisonment up to ten years, and is also liable to fine.

When This Does Not Apply

  • Only four persons commit a robbery and no fifth person is present and aiding
  • Five persons are present together, but they are not conjointly committing or attempting robbery and are not aiding it
  • A single person commits theft without the elements of robbery
  • A group quarrel or assault by five persons with no robbery or attempted robbery involved

Section 310(3) BNS: Dacoity with murder

▶

Bare Act Text

(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.

Explained in Simple Words

Section 310(3) of the Bharatiya Nyaya Sanhita (BNS) deals with a very serious form of dacoity where death is caused during the commission of the offence. It applies when five or more persons commit dacoity and, in the process, one of them commits murder. The law treats the entire group very seriously because the offence combines collective violence with loss of life.

A person can be liable under this section even if they did not personally cause the death, so long as they were part of the dacoity and the murder happened in the course of that offence. In practice, this section is used in cases of armed robbery by a gang where the victim is killed or a death occurs during the attack. The punishment is extremely severe because the law sees such conduct as a direct threat to public safety and order.

Key Ingredients

  • Commission of murder by any member of five or more persons conjointly committing dacoity
  • Punishment with death, imprisonment for life, or rigorous imprisonment for not less than ten years and liability to fine under Section 310(3) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years.

💰 The offender is also liable to fine.

Dacoity with murder carries death, imprisonment for life, or rigorous imprisonment for not less than ten years, and liability to fine for every participant.

Real-World Example

In a rural settlement outside Nagpur, Rukhsana, Vikram, Fatima, and two other individuals broke into a farmhouse to loot cash and valuables. When a resident offered resistance, one of the intruders stabbed and killed him to overcome opposition. The remaining members continued gathering property and fled together with the stolen goods. Because murder was committed in the course of conjointly committing dacoity, every participant is liable. All members are punishable under Section 310(3) BNS.

When This Does Not Apply

  • The total number of persons conjointly committing or aiding the robbery was fewer than five
  • The killing did not amount to murder
  • The murder was an independent act wholly unconnected with the commission of the dacoity
  • The accused was not part of the group conjointly committing the dacoity

Previous Law

IPC 396 → Section 310(3) BNS

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.

Section 310(4) BNS: Making preparation to commit dacoity

▶

Bare Act Text

(4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 310 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with the stage before a dacoity is actually committed. It applies when a person makes preparation to commit dacoity, even if the robbery has not yet taken place. The law targets organised criminal planning, not a mere thought or casual discussion.

There must be evidence of real preparation, such as assembling weapons, gathering a group, or arranging the means to carry out the offence. This section is important because it allows the police to act before a violent group crime is completed. It can apply to every person involved in the preparation, provided the prosecution shows a shared intention and active preparation.

In practice, the case often depends on recovery of weapons, suspicious movement of a group, prior conduct, and other surrounding facts. A person cannot be punished under this section for a vague suspicion alone. The prosecution must prove that the preparation was specifically for committing dacoity.

Key Ingredients

  • Making any preparation for committing dacoity
  • Punishment with rigorous imprisonment extending to ten years and liability to fine under Section 310(4) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term which may extend to ten years.

💰 The offender is also liable to fine.

Making preparation for committing dacoity carries rigorous imprisonment for a term extending up to ten years, and liability to fine.

Real-World Example

In a secluded farmhouse near Varanasi, Manoj rented accommodation where Bhavna, Sanjay, and three other associates gathered over two nights to prepare for looting a cash logistics van. They collected iron bars, ropes, masks, and a getaway vehicle, and assigned specific tasks for overpowering the guards. Police acting on prior intelligence raided the location and seized the equipment while the group was finalising their route. The group made tangible preparation for committing dacoity. All participants are punishable under Section 310(4) BNS.

When This Does Not Apply

  • The preparation was aimed at committing theft or robbery by fewer than five persons rather than dacoity
  • The conduct was limited to vague contemplation or idle conversation without concrete preparatory steps
  • The group merely assembled without making active preparations, which falls under Section 310(5) BNS

Previous Law

IPC 399 → Section 310(4) BNS

Section 399 IPC corresponds to Section 310(4) BNS. The offence of making preparation for committing dacoity, the maximum sentence of rigorous imprisonment for up to ten years, and the liability to fine remain unchanged in substance.

Section 310(5) BNS: Assembling for purpose of committing dacoity

▶

Bare Act Text

(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.

Explained in Simple Words

Section 310 of the Bharatiya Nyaya Sanhita (BNS) deals with a very specific stage of criminal conduct. It applies when five or more persons gather with the purpose of committing dacoity. The law does not wait for the dacoity to be completed.

The very act of assembling with that shared object is enough, if the prosecution can prove the purpose behind the gathering. This section is aimed at stopping organised crime at an early stage. It is used where the police find a group assembled with weapons, tools, or other circumstances showing preparation for dacoity.

Each person must be shown to have joined the assembly knowingly and with the common intention related to the offence. In practice, this provision helps law enforcement act before members of the public become victims of a violent group robbery.

Key Ingredients

  • Being one of five or more persons assembled for the purpose of committing dacoity
  • Punishment with rigorous imprisonment extending to seven years and liability to fine under Section 310(5) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term which may extend to seven years.

💰 The offender is also liable to fine.

Being one of five or more persons assembled for the purpose of committing dacoity carries rigorous imprisonment for up to seven years, and liability to fine.

Real-World Example

Near an abandoned godown on the outskirts of Rajkot, six individuals including Arjun, Harpreet, and Swati gathered at midnight. Acting on confidential information, a police team arrived and found the group conferring together with maps of a cash logistics route and planning a joint robbery. The gathering comprised six persons assembled for the common purpose of committing dacoity. All six participants are punishable under Section 310(5) BNS.

When This Does Not Apply

  • Fewer than five persons assembled to plan or commit robbery, in which case the five-person threshold for dacoity is not met
  • The persons gathered for an innocent or lawful purpose without shared intention to commit dacoity
  • The accused was an accidental bystander who did not participate in or share the purpose of the assembly

Previous Law

IPC 402 → Section 310(5) BNS

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.

Section 310(6) BNS: Dacoity

▶

Bare Act Text

(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing 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.

Explained in Simple Words

Section 310(6) of the Bharatiya Nyaya Sanhita (BNS) punishes membership in an organised gang formed for habitually committing dacoity. It applies to any person who belongs to a gang of persons associated for the purpose of habitually committing dacoity, where dacoity under Section 310(1) BNS means robbery committed or attempted conjointly by five or more persons, including those present and aiding.

Under this sub-section, whoever belongs to such a gang 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. A fine may therefore be imposed in addition to imprisonment for life or rigorous imprisonment.

An important point for readers is that liability under Section 310(6) BNS is based on belonging to a gang associated for the purpose of habitually committing dacoity, rather than participating in a single isolated robbery or a one-time assembly. Separate provisions in Section 310(4) BNS and Section 310(5) BNS deal with making preparation for dacoity and assembling in a group of five or more to commit dacoity.

Key Ingredients

  • There is a gang of persons
  • The persons are associated for the purpose of habitually committing dacoity
  • The accused belongs to that gang
  • The dacoity referred to is robbery committed or attempted conjointly by five or more persons, or with persons present and aiding making the number five or more

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or rigorous imprisonment for up to ten years.

💰 Fine may be imposed in addition to imprisonment.

Belonging to a gang of persons associated for the purpose of habitually committing dacoity is punishable with imprisonment for life or rigorous imprisonment for up to ten years, and the offender is also liable to fine.

Real-World Example

Acting on repeated highway robberies around Nashik, police traced the crimes to a gang that travelled together in an SUV, chose cash vans and roadside traders, and struck only when at least five members were available. Farhan arranged the vehicle, Manoj identified targets, and Bhavna kept the weapons and distributed the loot. Even on days when no robbery was actually carried out, the evidence showed they remained part of an organised group formed for habitually committing dacoity. Because they belonged to and acted as a gang associated for that purpose, this section would apply.

When This Does Not Apply

  • a one-time plan by five or more persons to commit a single dacoity, without belonging to a gang associated for habitually committing dacoity
  • mere friendship or association with gang members, without proof that the accused belongs to the gang for that purpose
  • preparation for committing dacoity, without proof of belonging to a gang associated for habitually committing dacoity
  • assembly of five or more persons for the purpose of committing dacoity, without proof that the accused belongs to a habitual dacoity gang

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·