Side-by-Side Comparison

391 vs 310

The transition of gang-robbery (Dacoity) laws from Section 395 to Section 310.

What Changed?

Direct renumbering with no change to the Group of 5 rule.

Punishment remains 10 years or Life Imprisonment.

Verdict

"Ensures the legal definition of organised group robbery remains intact with severe penalties."

Detailed Analysis

OLD LAW (IPC)

391

Act of 1860

Dacoity

When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit 'dacoity'.

PunishmentSee Section 395

REFORM

NEW LAW (BNS)

310

Act of 2024

Lurking House-Trespass or House-Breaking in Order to Commit Robbery

Whoever commits lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment for life shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

PunishmentUp to 10 years (to commit robbery) to Life Imprisonment (armed by night to commit robbery, causing hurt)

1860

391 Origin

2024

310 Reform

Legal Implications

Dacoity, defined as robbery by 5 or more persons, has been a cornerstone of Indian criminal law for over a century. Section 310 of the BNS preserves this entirely, with severe penalties (up to Life) remaining the same as IPC 395.

Practical Scenarios

"An armed gang of 8 people raiding a bank (BNS 310)."

"A group of 5 people hijacking a vehicle on a road to steal its cargo (BNS 310)."

Expert Q&A

Does dacoity still require 5 people in BNS?

Yes, the legal threshold of five or more persons to qualify a robbery as dacoity is maintained in BNS 310.

What is the difference between robbery (392) and dacoity (395)?

Only the number of participants. Five or more people robbing = dacoity (Section 395, life imprisonment or 10 years). Below five = robbery (Section 392, up to 10-14 years). The number threshold captures the qualitatively greater terror of an organised gang.

Is it possible to get bail in a dacoity case?

Section 395/BNS 310 is Non-Bailable. Getting bail is extremely difficult — courts generally deny bail given the seriousness and organised nature of dacoity. High Court intervention may be needed.

What is Section 400 (belonging to dacoity gang)?

Section 400 IPC punishes belonging to a gang that commits dacoity with life imprisonment — even without participating in any specific robbery. Mere gang membership is sufficient for life imprisonment.

Related IPC Sections

395 : Punishment for Dacoity...396 : Dacoity with Murder...

Related BNS Sections

329 : Criminal Trespass...161 : Robbery...162 : Dacoity...

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