IPC Section 402 – Assembling for Purpose of Committing Dacoity

Section Overview

Section Number:

IPC Section 402

Section Title:

Assembling for Purpose of Committing Dacoity

Act:

Indian Penal Code, 1860 (IPC)

Status:

Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with similar preventive provisions related to organized crime and group offences.

Applicability:

IPC Section 402 applies when:

• A group of persons assembles;

• The assembly is for committing dacoity;

• The accused is part of the assembly;

• There is clear intent to commit robbery with five or more persons.

👉 This section is a preventive criminal law provision.

Section Explanation

Simple Explanation (Plain English/Hinglish)

IPC Section 402 ka simple matlab hai ki agar log ikattha hote hain aur unka maksad dacoity (5 ya usse zyada logon ki robbery) karna hota hai, to woh offence hota hai.

Simple words mein:

"Dacoity karne ke irade se ikattha hona hi IPC 402 ka offence hai."

Legal Meaning

Section 402 applies when:

• A group physically assembles;

• The purpose is committing dacoity;

• Criminal intent is shared;

• The offence is prevented before execution.

Essential Ingredients

Assembly of Persons

There must be a gathering of individuals.

Common Objective of Dacoity

The sole or primary purpose must be:

• Committing dacoity.

Knowledge of Purpose

Each accused must:

• Know the object of assembly;

• Voluntarily participate.

Criminal Intention

There must be a shared intention to commit a violent robbery.

Why IPC Section 402 Is Important

This section is important because it:

• Prevents dacoity before execution;

• Enables early police intervention;

• Dismantles criminal groups at planning stage;

• Protects public safety and order.

Punishment & Legal Classification

Punishment

IPC Section 402 provides:

• Rigorous imprisonment up to 7 years; AND

• Fine.

👉 Punishment reflects seriousness of organized criminal intent.

Bailable / Non-Bailable

❌ Non-Bailable

Cognizable / Non-Cognizable

✔ Cognizable

Compoundable

❌ Non-Compoundable

Triable By

Court of Session

IPC ↔ BNS Mapping

IPC Section

IPC Section 402

BNS Equivalent

The Bharatiya Nyaya Sanhita retains provisions relating to:

• Organized criminal assemblies;

• Dacoity-related preparatory offences;

• Group-based violent crime prevention.

Status

Concept retained under BNS.

Real-Life Examples

Example 1: Armed Gang Meeting

Six persons gather with weapons planning a robbery on a highway.

Section 402 applies.

Example 2: Planning House Dacoity

A group assembles secretly to plan robbery of a house.

IPC 402 applies.

Example 3: Police Raid

Police arrest individuals gathered to execute a planned dacoity.

Section 402 applies even before crime occurs.

Example 4: Organized Criminal Planning

A gang assembles repeatedly to coordinate multiple dacoities.

Section 402 applies.

Landmark Judgments

Case Name:

Ram Sharan v. State of Uttar Pradesh

Court:

Supreme Court of India

Key Takeaway:

Assembly with clear criminal intent is sufficient for liability under preventive provisions.

Case Name:

Shyam Behari v. State of Uttar Pradesh

Court:

Supreme Court of India

Key Takeaway:

Common intention and coordinated preparation are essential in dacoity-related offences.

Case Name:

State of Maharashtra v. Mohd. Yakub

Court:

Supreme Court of India

Key Takeaway:

Preventive criminal liability is justified when intent and acts clearly indicate planned crime.

Legal Insights

When Is Section 402 Applied?

Section 402 is applied when:

• Dacoity is the objective;

• Group assembles physically;

• Police intervene before offence;

• Criminal planning is established.

Difference Between Sections 401 and 402

👉 Both deal with prevention but cover slightly different legal framing of assembly.

Common Misuse Scenarios

 Innocent Gathering

Normal gathering without intent is not covered.

 Lack of Proof of Intent

Intent to commit dacoity must be established.

Mere Suspicion

Suspicion alone is insufficient.

Absence of Coordination

Independent presence without common purpose is not enough.

Defenses Available

No Criminal Intent

Assembly was not for dacoity.

Lack of Knowledge

Accused was unaware of purpose.

Mere Presence

Accused was present but not part of plan.

False Implication

Wrongly linked to group.