Section 400 IPC: Punishment for belonging to gang of dacoits

Indian Penal Code, 1860

Section 400 IPC at a Glance

Section 400 IPC deals with punishment for belonging to gang of dacoits. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 310(6) 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(6) →

Section 400 IPC Bare Act Text

400. Punishment for belonging to gang of dacoits

Whoever, at any time after the passing of this Act, shall belong 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 400, Indian Penal Code, 1860

Section 400 IPC in Simple Words

Section 400 of the Indian Penal Code (IPC) punishes belonging to a gang of persons associated for the purpose of habitually committing dacoity. Whoever belongs to such a gang 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 attaches liability to continuous association and membership in a dacoit gang, independent of proof of participation in any specific dacoity. 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 400 IPC

  • The existence of a gang of persons associated together
  • The association was for the purpose of habitually committing dacoity as defined in Section 391 IPC
  • The accused belonged to that gang

Punishment Under Section 400 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 ⓘ

Belonging to a gang of persons associated for habitually committing dacoity carries imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine.

Example of Section 400 IPC

Throughout 2014 in Gwalior, Raghuveer lived and travelled with an organised band of seven men led by Mahendra that was associated for the purpose of habitually committing dacoity at petrol pumps and grain depots. Raghuveer resided in their ravine camp, scouted locations before attacks, hid their swords and rifles, and took a regular share of the looted grain and coins. Evidence established that the band was associated for habitually committing dacoity and that Raghuveer belonged to that gang. Raghuveer is punishable under Section 400 IPC.

When Section 400 IPC Does Not Apply

  • The gang was associated for habitually committing simple theft or robbery by fewer than five persons rather than dacoity, which is governed by Section 401 IPC.
  • The accused took part in a single dacoity without belonging to a gang associated for habitually committing dacoity.
  • The accused merely knew or interacted socially with members of the gang without joining their association or sharing their purpose.
  • The accused only gathered with four or more others on one occasion for the purpose of committing dacoity, which falls under Section 402 IPC.

Section 400 IPC in the BNS

Section 400 IPC is now covered under Section 310(6) BNS.

Section 400 IPC corresponds to Section 310(6) BNS. Section 310(6) BNS omits the opening words at any time after the passing of this Act, while the substantive offence of belonging to a gang associated for habitually committing dacoity, the alternative punishments of imprisonment for life or rigorous imprisonment for up to ten years, and the liability to fine remain unchanged in substance.

View detailed comparison (IPC 400 vs BNS 310(6)) →

FAQs on Section 400 IPC

What does Section 400 IPC punish?▼

Section 400 IPC punishes belonging to a gang of persons associated for the purpose of habitually committing dacoity.

What punishment is prescribed under Section 400 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.

Must participation in a specific dacoity be proved under Section 400 IPC?▼

No. The gravamen of the offence is membership in a gang associated for habitually committing dacoity, rather than proof of taking part in any individual incident.

How does Section 400 IPC differ from Section 401 IPC?▼

Section 400 IPC deals with gangs associated for habitually committing dacoity, whereas Section 401 IPC deals with gangs associated for habitually committing theft or robbery and expressly excludes dacoits.

Is Section 400 IPC bailable?▼

No. Section 400 IPC is non-bailable under the First Schedule to the CrPC.

Is Section 400 IPC cognizable?▼

Yes. An offence under Section 400 IPC is cognizable according to the First Schedule to the CrPC.

Which court tries an offence under Section 400 IPC?▼

The Court of Session tries cases under Section 400 IPC.

Can an offence under Section 400 IPC be compounded?▼

No. Section 400 IPC is not compoundable under Section 320 CrPC.

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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 ·