Section 402 IPC: Assembling for purpose of committing dacoity

Indian Penal Code, 1860

Section 402 IPC at a Glance

Section 402 IPC deals with assembling for purpose of committing dacoity. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 310(5) BNS.

Punishment

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

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

Section 310(5) →

Section 402 IPC Bare Act Text

402. Assembling for purpose of committing dacoity

Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 402, Indian Penal Code, 1860

Section 402 IPC in Simple Words

Section 402 of the Indian Penal Code (IPC) punishes being one of five or more persons assembled for the purpose of committing dacoity. Whoever is one of five or more persons so assembled is punished with rigorous imprisonment for a term which may extend to seven years, and is also liable to fine.

The offence attaches criminal liability to the assembly itself when formed with the shared purpose of committing dacoity, even if no preparation or attempt has yet occurred. 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 402 IPC

  • An assembly of five or more persons
  • The assembly was formed for the shared purpose of committing dacoity as defined in Section 391 IPC
  • The accused was one of the five or more persons so assembled with knowledge of that purpose

Punishment Under Section 402 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 ⓘ🏛️ Court of Session ⓘ

Being one of five or more persons assembled for the purpose of committing dacoity carries rigorous imprisonment for up to seven years, and liability to fine.

Example of Section 402 IPC

In November 2018, five men named Mahendra, Gopal, Tarun, Vivek, and Naveen met after dusk inside a mango orchard near Meerut. They had gathered there with iron rods, ropes, and masks for the shared purpose of breaking into a nearby farmhouse together and robbing the family at knifepoint. A night patrol intercepted the five men in the orchard while they were waiting for the household to fall asleep, before they could walk to the farmhouse. Because the five men had assembled for the purpose of committing dacoity, Mahendra, Gopal, Tarun, Vivek, and Naveen are punishable under Section 402 IPC.

When Section 402 IPC Does Not Apply

  • Four or fewer individuals gather to plan a robbery, because Section 402 IPC requires an assembly of at least five persons.
  • Five or more people meet at a place for a lawful social or business reason with no intention to commit dacoity.
  • A passerby happens to be near the gathering without joining the group or sharing any purpose to commit dacoity.
  • Five or more persons assemble to commit an offence other than dacoity, such as mischief or criminal trespass.

Section 402 IPC in the BNS

Section 402 IPC is now covered under Section 310(5) BNS.

Section 402 IPC corresponds to Section 310(5) BNS. Section 310(5) BNS modernises the phrasing by omitting the archaic phrase at any time after the passing of this Act, while the essential elements of assembling with five or more persons for the purpose of committing dacoity, the maximum term of rigorous imprisonment for up to seven years, and the liability to fine remain unchanged in substance.

View detailed comparison (IPC 402 vs BNS 310(5)) →

FAQs on Section 402 IPC

What does Section 402 IPC punish?▼

Section 402 IPC punishes anyone who is one of five or more persons assembled for the purpose of committing dacoity.

What is the punishment under Section 402 IPC?▼

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

Can simple imprisonment be awarded under Section 402 IPC?▼

No. The section prescribes rigorous imprisonment, so the court cannot award simple imprisonment.

How many persons are required for an offence under Section 402 IPC?▼

The statute expressly requires an assembly of five or more persons.

Is Section 402 IPC bailable?▼

No. Section 402 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 402 IPC cognizable?▼

Yes. An offence under Section 402 IPC is cognizable according to the First Schedule to the CrPC.

Which court tries an offence under Section 402 IPC?▼

The Court of Session tries cases under Section 402 IPC.

Can an offence under Section 402 IPC be compounded?▼

No. Section 402 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 ·