Section Overview
Section Number:
IPC Section 399
Section Title:
Making Preparation to Commit Dacoity
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with similar provisions addressing preparation for organized violent crimes.
Applicability:
IPC Section 399 applies when:
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Five or more persons prepare to commit dacoity;
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Preparation is more than mere thought or planning;
-
There is evidence of concrete preparation activities;
-
The group intends to commit robbery with violence.
👉 This section targets early-stage organized crime.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 399 ka simple matlab hai ki agar 5 ya usse zyada log milkar dacoity (armed robbery) ki planning nahi, balki uski proper preparation karte hain, to woh bhi crime hai.
Simple words mein:
"Dacoity ki taiyari karna bhi IPC 399 ke under punishable hai."
Legal Meaning
Section 399 applies when:
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A group of five or more persons prepares for dacoity;
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Preparation is active and not just discussion;
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There is intent to commit robbery with force or violence;
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Police can act before actual dacoity occurs.
Essential Ingredients
Five or More Persons
At least five individuals must be involved.
Preparation for Dacoity
Preparation may include:
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Arranging weapons;
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Planning target locations;
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Conducting reconnaissance;
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Organizing transport.
Common Intention
The group must share a common objective to commit dacoity.
Overt Preparation Acts
There must be visible acts beyond mere intention or discussion.
Why Is Section 399 Important?
This section is preventive in nature.
It helps:
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Stop dacoity before it happens;
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Disrupt organized crime groups;
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Protect public safety;
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Enable early police intervention.
Punishment & Legal Classification
Punishment
IPC Section 399 provides:
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Rigorous imprisonment up to 10 years; AND
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Fine.
👉 Even preparation for such a serious crime is heavily punished.
Bailable / Non-Bailable
❌ Non-Bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
❌ Non-Compoundable
Triable By
Court of Session
IPC ↔ BNS Mapping
IPC Section
IPC Section 399
BNS Equivalent
The Bharatiya Nyaya Sanhita continues provisions relating to:
-
Preparation for organized violent crimes;
-
Dacoity-related preparatory offences;
-
Preventive criminal liability.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Planning Armed Robbery
A group of six persons collects weapons and plans a bank robbery.
Section 399 applies.
Example 2: Highway Dacoity Preparation
A gang surveys highway routes and arranges weapons for robbery.
IPC 399 is attracted.
Example 3: Renting Hideout for Dacoity
A group secures a hideout and logistics for dacoity.
Section 399 applies.
Example 4: Police Raid on Planning Group
Police arrest five persons with weapons planning robbery.
Section 399 applies even before crime occurs.
Landmark Judgments
Case Name:
Ram Sharan v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
Preparation must be supported by evidence of concrete acts, not mere intention.
Case Name:
Shyam Behari v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
Common intention and coordinated preparation are crucial for establishing liability.
Case Name:
State of Maharashtra v. Mohd. Yakub
Court:
Supreme Court of India
Key Takeaway:
Distinction between preparation and attempt is essential in criminal law.
Legal Insights
When Is Section 399 Applied?
Section 399 is invoked when:
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Dacoity is being planned actively;
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Preparatory acts are proven;
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Group coordination is established;
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Police intervene before commission of offence.
Difference Between Sections 399 and 393
| Section | Nature |
|---|---|
| IPC 399 | Preparation for dacoity |
| IPC 393 | Attempt to commit robbery |
👉 Preparation = earlier stage
👉 Attempt = closer to execution
Common Misuse Scenarios
Mere Discussion
Casual talk about robbery is not enough.
No Evidence of Preparation
No weapons or planning tools found.
Wrong Group Attribution
Individuals wrongly linked to planning group.
Lack of Common Intent
Independent actions without coordination.
Defenses Available
No Preparation Proven
Only intention or discussion existed.
Fewer Than Five Persons
Group requirement not satisfied.
Lack of Evidence
No material proof of preparation.
False Implication
Wrong identification or framing.