Section 310 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s an in‑depth overview of Section 310 of the Bharatiya Nyaya Sanhita, 2023:
📜 Section 310 – Dacoity
👥 Definition
A person commits dacoity when five or more individuals conjointly commit or attempt to commit a robbery, or when the total number (including those aiding) is five or more (myjudix.com).
⚖️ Punishment Structure
Committing dacoity (with ≥5 participants):
Life imprisonment, or
Rigorous imprisonment for up to 10 years,
Plus fine (myjudix.com, kanoongpt.in).
Dacoity with murder during the act:
Death, or
Life imprisonment, or
Rigorous imprisonment ≥10 years,
Plus fine (myjudix.com).
Preparation for dacoity (before the act):
Up to 10 years’ rigorous imprisonment,
Plus fine (myjudix.com).
Assembling (a group of ≥5) for dacoity:
Up to 7 years’ rigorous imprisonment,
Plus fine (myjudix.com).
Habitual association in a dacoity gang:
Life imprisonment, or
Up to 10 years’ rigorous imprisonment,
Plus fine (kanoongpt.in, myjudix.com).
🛡️ Legal Characteristics
Cognizable: ✅ Yes – arrest without warrant is permissible.
Bailable: ❌ Generally non-bailable.
Triable by: First‑Class Magistrate or higher court (due to severity).
🧠 Practical Implication
Defines dacoity as an aggravated form of robbery when committed by a group of five or more.
Addresses not just the act, but also the planning and formation of criminal groups, with increasingly severe penalties.
A gang pre-arranging a robbery—even without executing it—can face up to 10 years under Section 310(4).
✅ Summary Table
Scenario
Imprisonment
Fine
Dacoity by ≥5 persons
Life or ≤10 years RI
Yes
Dacoity with murder
Death/Life or ≥10 years RI
Yes
Preparation for dacoity
≤ 10 years RI
Yes
Assembling for dacoity (≥5 individuals)
≤ 7 years RI
Yes
Habitual gang member for dacoity
Life or ≤ 10 years RI
Yes
This broad definition and layered punishment framework closely mirror the IPC’s Sections 391–402 but simplifies and clarifies how coordinated theft-related crimes are prosecuted under BNS.
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