Section 401 IPC: Punishment for belonging to gang of thieves

Indian Penal Code, 1860

Section 401 IPC at a Glance

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

Punishment

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

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

Section 313 →

Section 401 IPC Bare Act Text

401. Punishment for belonging to gang of thieves

Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or 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 401, Indian Penal Code, 1860

Section 401 IPC in Simple Words

Section 401 of the Indian Penal Code (IPC) punishes belonging to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits. The punishment is rigorous imprisonment for a term which may extend to seven years, and the offender is also liable to fine.

The section penalises active membership and association in a gang formed for habitual theft or robbery without requiring proof of participation in any specific theft. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class.

It cannot be compounded under Section 320 CrPC.

Ingredients of Section 401 IPC

  • The existence of a wandering or other gang of persons associated together
  • The association was for the purpose of habitually committing theft or robbery
  • The gang was not a gang of thugs or dacoits, which are dealt with under separate provisions of the law
  • The accused belonged to that gang

Punishment Under Section 401 IPC

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 a wandering or other gang of persons associated for habitually committing theft or robbery carries rigorous imprisonment for up to seven years, and liability to fine.

Example of Section 401 IPC

In 2019, police in Nagpur investigated a group of four men who travelled together from town to town across Maharashtra. The group, which was not a gang of thugs or dacoits, had associated for the purpose of habitually committing theft and robbery by snatching wristwatches and laptops from commuters near railway overbridges. Vikram joined the four-member gang, travelled with them between lodges for six months, participated in their planning, and regularly divided the stolen electronics with the other members. Because Vikram belonged to a wandering gang associated for habitually committing theft and robbery, Vikram is punishable under Section 401 IPC.

When Section 401 IPC Does Not Apply

  • A person commits an isolated act of theft or robbery on his own without belonging to any gang.
  • The group of persons is a gang of thugs or a gang of dacoits, which Section 401 IPC expressly excludes.
  • A group of people travels or associates together for lawful work or a non-criminal purpose rather than for habitually committing theft or robbery.
  • An individual merely knows or meets members of the gang casually without joining or belonging to the gang.

Section 401 IPC in the BNS

Section 401 IPC is now covered under Section 313 BNS.

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 detailed comparison (IPC 401 vs BNS 313) →

FAQs on Section 401 IPC

What does Section 401 IPC punish?▼

Section 401 IPC punishes belonging to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits.

What is the punishment prescribed under Section 401 IPC?▼

Whoever commits this offence is punished with rigorous imprisonment for a term extending up to seven years, and is also liable to fine.

Can simple imprisonment be awarded under Section 401 IPC?▼

No. The section explicitly specifies rigorous imprisonment, so simple imprisonment cannot be imposed.

Does Section 401 IPC apply to dacoity gangs?▼

No. Section 401 IPC expressly excludes gangs of dacoits, which are punished under Section 400 IPC.

Is Section 401 IPC bailable?▼

No. Section 401 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 401 IPC cognizable?▼

Yes. An offence under Section 401 IPC is cognizable according to the First Schedule to the CrPC.

Which court tries an offence under Section 401 IPC?▼

A Magistrate of the first class tries cases under Section 401 IPC.

Can an offence under Section 401 IPC be compounded?▼

No. Section 401 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: 17 Oct 2026 ·