Section 395 IPC: Punishment for dacoity

Indian Penal Code, 1860

Section 395 IPC at a Glance

Section 395 IPC deals with punishment for dacoity. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 310(2) BNS.

Punishment

Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

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

Section 310(2) →

Section 395 IPC Bare Act Text

395. Punishment for dacoity

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.

Source: Section 395, Indian Penal Code, 1860

Section 395 IPC in Simple Words

Section 395 of the Indian Penal Code (IPC) prescribes the punishment for dacoity. Whoever commits dacoity is punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and is also liable to fine.

The offence applies to robbery conjointly committed or attempted by five or more persons, including those present and aiding. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.

It cannot be compounded under Section 320 CrPC.

Ingredients of Section 395 IPC

  • The commission of robbery as defined in Section 390 IPC or an attempt to commit robbery
  • Five or more persons conjointly commit or attempt to commit that robbery
  • Alternatively, the whole number of persons conjointly committing or attempting the robbery, together with those present and aiding, amounts to five or more
  • Every person so committing, attempting, or aiding commits dacoity, sharing liability for the joint act

Punishment Under Section 395 IPC

Imprisonment

Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

Fine

The offender is also liable to fine.

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

Dacoity carries imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine.

Example of Section 395 IPC

In November 2018, Arvind, Dinesh, Kavita, Mohan, and Tariq entered a spice warehouse in Mysuru at night. Wielding wooden clubs, four of them tied up the night guard with ropes and threatened him with instant hurt, while Tariq stood at the courtyard gate to aid them by blocking entry. They took silver coins and cardamom sacks from the storeroom and escaped together. Because five persons conjointly committed and aided the robbery, all five committed dacoity. Arvind, Dinesh, Kavita, Mohan, and Tariq are punishable under Section 395 IPC.

When Section 395 IPC Does Not Apply

  • Four or fewer individuals committed, attempted, or aided the robbery, making the offence punishable as robbery rather than dacoity.
  • Five or more persons stole property together without using or threatening force, death, hurt, or wrongful restraint, which amounts only to theft.
  • Onlookers at the scene did not participate in or assist the commission or attempt of the robbery.
  • The group took the property openly under an honest claim of legal title without any dishonest intent.

Section 395 IPC in the BNS

Section 395 IPC is now covered under Section 310(2) BNS.

Section 395 IPC corresponds to Section 310(2) BNS. The definition of dacoity and the punishments of imprisonment for life or rigorous imprisonment for up to ten years, along with liability to fine, remain unchanged in substance.

View detailed comparison (IPC 395 vs BNS 310(2)) →

FAQs on Section 395 IPC

What does Section 395 IPC punish?▼

Section 395 IPC punishes the offence of dacoity.

What is the punishment for dacoity under Section 395 IPC?▼

The punishment is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to fine.

How many persons are required to constitute dacoity under Section 395 IPC?▼

Under Section 391 IPC, dacoity requires five or more persons conjointly committing or attempting robbery, or present and aiding such commission or attempt.

Is Section 395 IPC bailable?▼

No. Section 395 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 395 IPC cognizable?▼

Yes. An offence under Section 395 IPC is cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 395 IPC?▼

The Court of Session tries cases under Section 395 IPC.

Can an offence of dacoity under Section 395 IPC be compounded?▼

No. Section 395 IPC is not compoundable under Section 320 CrPC.

Is the fine mandatory under Section 395 IPC?▼

No. The words shall also be liable to fine make the imposition of a fine discretionary rather than mandatory.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·