Section 399 IPC: Making preparation to commit dacoity

Indian Penal Code, 1860

Section 399 IPC at a Glance

Section 399 IPC deals with making preparation to commit dacoity. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 310(4) BNS.

Punishment

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

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

Section 310(4) →

Section 399 IPC Bare Act Text

399. Making preparation to commit dacoity

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.

Source: Section 399, Indian Penal Code, 1860

Section 399 IPC in Simple Words

Section 399 of the Indian Penal Code (IPC) punishes making any preparation for committing dacoity. Whoever makes any preparation for committing dacoity is punished with rigorous imprisonment for a term which may extend to ten years, and is also liable to fine.

Unlike most offences where preparation alone is not punishable, this section criminalises concrete preparatory steps towards dacoity by five or more persons. 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 399 IPC

  • The accused made active preparation by taking concrete steps towards committing a crime
  • The crime for which preparation was made was dacoity as defined in Section 391 IPC, requiring participation or intended involvement of five or more persons
  • The acts went beyond mere evil intent or preliminary conversation, involving tangible preparatory conduct such as collecting weapons or arranging transport

Punishment Under Section 399 IPC

Imprisonment

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 ⓘ

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

Example of Section 399 IPC

In April 2015, inside an abandoned mill in Jabalpur, Kundan, Bharat, Rekha, Salim, and Vasudev drew a floor sketch of a cooperative bank they intended to rob together the next day. To carry out the dacoity, they procured country-made pistols, bolt cutters, flashlights, and jute sacks for carrying currency, and divided duties for restraining the bank clerks. Before they could depart, officers entered the mill and recovered the weapons and tools. They made preparation for committing dacoity. Kundan, Bharat, Rekha, Salim, and Vasudev are punishable under Section 399 IPC.

When Section 399 IPC Does Not Apply

  • The preparatory acts were meant for a theft or a robbery involving fewer than five participants rather than a dacoity.
  • The individuals only discussed committing a crime without taking any concrete preparatory steps.
  • Five or more persons merely gathered intending to commit dacoity without having made any active preparation, which is covered by Section 402 IPC.
  • The group progressed past preparation and actually attempted or committed the dacoity, attracting Section 395 IPC.

Section 399 IPC in the BNS

Section 399 IPC is now covered under 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.

View detailed comparison (IPC 399 vs BNS 310(4)) →

FAQs on Section 399 IPC

What does Section 399 IPC punish?▼

Section 399 IPC punishes making any preparation for committing dacoity.

What is the punishment under Section 399 IPC?▼

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

Can simple imprisonment be awarded under Section 399 IPC?▼

No. The section prescribes rigorous imprisonment, so simple imprisonment cannot be awarded.

How does Section 399 IPC differ from Section 402 IPC?▼

Section 402 IPC punishes assembling for the purpose of committing dacoity, whereas Section 399 IPC punishes the further step of making active preparation for dacoity.

Is Section 399 IPC bailable?▼

No. Section 399 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 399 IPC cognizable?▼

Yes. An offence under Section 399 IPC is cognizable according to the First Schedule to the CrPC.

Which court tries an offence under Section 399 IPC?▼

The Court of Session tries cases under Section 399 IPC.

Can Section 399 IPC be compounded?▼

No. Section 399 IPC is not compoundable under Section 320 CrPC.

Is the fine mandatory under Section 399 IPC?▼

No. The clause providing that the offender shall also be liable to fine makes 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: 17 Oct 2026 ·