BACK TO SECTIONSAIR 1985 SC 1408
Non-BailableCognizable: CognizableCourt of Session
THE STATUTE
Original Text
Whoever commits 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.
Simplified
Section 395 punishes dacoity (five or more persons committing robbery) with up to life imprisonment — reflecting the organised, collective, and overwhelming nature of gang robbery. Section 396 (dacoity with murder) can attract death or life imprisonment for every member of the dacoity group if any one member kills during the dacoity, regardless of individual participation in the killing. Section 397 imposes a mandatory minimum 7 years for armed dacoity.
Legal Evolution
Section 395 prescribes the punishment for dacoity — life imprisonment or rigorous imprisonment up to ten years, plus fine. This is among the harshest punishments in the IPC for property offences, reflecting dacoity's collective and violent nature. The provision was central to colonial efforts to suppress organized banditry, and in post-Independence India has been applied to gang attacks on banks, vehicles, and households.
Landmark Precedents
Laljit Rajak v. State of MP (1985)
RELEVANCE
All persons present and aiding count toward the five-person dacoity threshold — including unidentified participants whose presence is established by evidence.
Practical Scenarios
"Seven masked men who invade a residential colony and rob multiple homes — Section 395."
"A gang of six who rob a rural bank — Section 395."
Common Queries
Section 395 is a very serious, non-bailable offence. Getting bail is extremely difficult and usually requires High Court intervention.