BNS Section 310 — Dacoity
CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of robbery and dacoity
Criminal
Summary
Sub-section (1) defines dacoity. Dacoity is committed when five or more people together commit or try to commit a robbery, or when the total number of people committing or trying to commit the robbery, plus those present and helping, comes to five or more. In that case, every person who commits, tries to commit, or helps is said to commit dacoity.
Sub-section (2) sets the punishment for committing dacoity. A person who commits dacoity can be punished with imprisonment for life, or with rigorous imprisonment for up to ten years, and can also be fined.
Sub-section (3) deals with murder during dacoity. If any one of the five or more people who are together committing dacoity commits murder while committing that dacoity, then every one of those people can be punished with death, or imprisonment for life, or rigorous imprisonment for a term of not less than ten years, and can also be fined.
Sub-section (4) covers preparation for dacoity. A person who makes any preparation for committing dacoity can be punished with rigorous imprisonment for up to ten years, and can also be fined.
Sub-section (5) covers being part of an assembly for dacoity. A person who is one of five or more people gathered for the purpose of committing dacoity can be punished with rigorous imprisonment for up to seven years, and can also be fined.
Sub-section (6) covers belonging to a gang for dacoity. A person who belongs to a gang of people associated for the purpose of habitually committing dacoity can be punished with imprisonment for life, or with rigorous imprisonment for up to ten years, and can also be fined.
Official Text
(1) 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.
(2) 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.
(3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.
(4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(5) Whoever is 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.
(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing 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.
Related Provisions
robbery/dacoity
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)