Section 313 BNS: Punishment for belonging to gang of robbers, etc

Bharatiya Nyaya Sanhita, 2023

Section 313 BNS at a Glance

Section 313 BNS deals with punishment for belonging to gang of robbers, etc. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 401 IPC on 1 July 2024.

Punishment

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 401 →

Section 313 BNS Bare Act Text

313. Punishment for belonging to gang of thieves

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.

Source: Section 313, Bharatiya Nyaya Sanhita, 2023

Section 313 BNS in Simple Words

Section 313 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who belongs to any gang of persons associated in habitually committing theft or robbery, other than a gang of dacoits. The law does not wait for the person to be caught in the act of a specific theft or robbery. If a person is a member of such a gang, that membership itself attracts punishment.

This is meant to curb organised theft and robbery at an early stage. The section applies where the prosecution can show that the accused belonged to a group associated in habitually committing theft or robbery. In practice, this provision is used against repeat offenders and organised groups that move together to commit theft or robbery in different places.

It helps the police and courts act against the collective structure behind habitual theft and robbery, not just an individual incident. The practical value of this section is that it targets organised criminal conduct before more offences take place.

Ingredients of Section 313 BNS

  • 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

Punishment Under Section 313 BNS

Imprisonment

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

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Belonging to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, carries rigorous imprisonment for up to seven years, and liability to fine.

Example of Section 313 BNS

Near the central bus terminus in Madurai, police tracked an itinerant group that operated across crowded market places, bus stands, and temple festivals to pick pockets and snatch baggage. Rakesh moved with the group over several months, stayed at temporary campsites with them, and routinely received a share of cash and jewellery obtained from multiple thefts. The prosecution proved that the group was a gang associated in habitually committing theft and that Rakesh belonged to it. Rakesh is punishable under Section 313 BNS.

When Section 313 BNS Does Not Apply

  • The accused committed a single isolated theft without belonging to any habitual gang, falling under Section 303(2) BNS
  • The gang was associated for habitually committing dacoity, which falls under Section 310(6) BNS
  • The accused was an acquaintance who did not join the gang or share its habitual criminal purpose
  • The association had no habitual criminal purpose to commit theft or robbery

Section 313 BNS in the IPC (Previous Law)

Section 313 BNS replaces Section 401 IPC from the old criminal code.

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.

View IPC Section 401 →

FAQs on Section 313 BNS

Is actual theft required for conviction under Section 313 BNS?▼

No. The offence is about belonging to a gang associated in habitually committing theft or robbery, so the prosecution does not need to prove that the accused personally committed a theft or robbery in every case. Proof of membership in the gang is the main issue.

What evidence is usually used to prove an offence under Section 313 BNS?▼

Police may rely on surveillance, arrests with known gang members, recovery of stolen property, prior conduct, call records, or witness statements. The court will still look for clear proof that the person knowingly belonged to the gang.

Is the offence under Section 313 BNS bailable?▼

No, it is generally treated as a non-bailable offence. That means bail is not a matter of right and depends on the facts of the case and the court's discretion.

Under Section 313 BNS, can a person be punished just for being with suspicious people?▼

No. Mere presence or casual association is not enough. The prosecution must show real and knowing membership of a gang associated in habitually committing theft or robbery.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·