| Particulars | Details |
|---|---|
| Section | BNS Section 310 |
| Offence | Dacoity |
| Old IPC Section | IPC Section 395 |
| Punishment | Up to Life Imprisonment or 10 Years RI + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 310 deals with the offence of dacoity, one of the most serious offences against property under the Bharatiya Nyaya Sanhita, 2023. The offence occurs when five or more persons jointly commit or attempt to commit robbery, or aid in the commission of robbery.
The law treats dacoity more severely than ordinary robbery because it involves organised criminal activity carried out by multiple offenders. The presence of a group increases the threat to victims and public safety, often resulting in greater violence and fear.
BNS Section 310 replaces IPC Sections 391 and 395 while retaining the core concept of dacoity and prescribing stringent punishments, including life imprisonment in appropriate cases.
What is BNS Section 310?
BNS Section 310 defines dacoity as robbery committed by five or more persons acting together. The section also includes persons who are present and actively aiding the commission or attempted commission of robbery.
The offence does not require every member of the group to physically take property from the victim. If five or more persons act conjointly in committing, attempting, or assisting the robbery, each participant may be held liable for dacoity.
The section further covers preparation for dacoity, assembly for committing dacoity, and membership in a gang habitually engaged in dacoity.
Bare Act Text of BNS Section 310
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.
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.
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.
In Simple Words
If five or more persons jointly commit robbery, attempt robbery, or assist in committing robbery, the offence becomes dacoity. Every member of the group may be held responsible, even if only one person directly takes the property.
The law also imposes enhanced punishment where murder is committed during the commission of dacoity.
Essential Ingredients of BNS Section 310
To establish an offence under BNS Section 310, the prosecution generally needs to prove the following:
1. Presence of Five or More Persons
At least five persons must be involved in the commission, attempt, or assistance of the robbery.
2. Commission or Attempt of Robbery
There must be a robbery or an attempt to commit robbery.
3. Conjoint Action
The accused persons must act together with a common objective.
4. Participation or Assistance
The accused must either commit, attempt, or aid the robbery.
5. Criminal Intent
The participation must be intentional and connected to the criminal activity.
Punishment Under BNS Section 310
BNS Section 310 prescribes different punishments depending upon the nature of involvement.
| Offence | Punishment |
|---|---|
| Dacoity | Life Imprisonment or Up to 10 Years RI + Fine |
| Murder During Dacoity | Death, Life Imprisonment, or Minimum 10 Years RI + Fine |
| Preparation for Dacoity | Up to 10 Years RI + Fine |
| Assembly for Committing Dacoity | Up to 7 Years RI + Fine |
| Membership of Dacoity Gang | Life Imprisonment or Up to 10 Years RI + Fine |
The law imposes particularly severe punishment when murder occurs during the commission of dacoity because of the heightened danger posed by organised violent crime.
Classification of Offence Under BNS Section 310
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
What Does the Classification Mean?
Since the offence is cognizable, the police can register an FIR and investigate without prior permission from a Magistrate.
The offence is non-bailable, meaning bail is granted only at the discretion of the court.
The offence is non-compoundable and cannot be privately settled between the parties.
The trial is conducted by the Court of Session because of the serious nature of the offence and the severe punishment prescribed.
Bail Under BNS Section 310
BNS Section 310 is a non-bailable offence. Courts generally adopt a strict approach while considering bail applications because dacoity involves organised criminal activity and often includes violence, threats, or weapons.
While deciding bail, courts may consider the number of accused involved, the nature of the robbery, the use of weapons, recovery of stolen property, criminal history of the accused, and the available evidence.
Where the prosecution alleges murder during dacoity or participation in a habitual dacoity gang, obtaining bail may become significantly more difficult.
Which Court Has Jurisdiction Under BNS Section 310?
Offences under BNS Section 310 are triable by the Court of Session.
After the investigation is completed, the police submit a charge sheet before the competent court. The matter is then committed to the Sessions Court for trial. The court evaluates witness testimony, documentary evidence, forensic reports, recovery evidence, and other relevant material before delivering judgment.
Step-by-Step Legal Process Under BNS Section 310
- Receipt of information regarding the dacoity.
- Registration of FIR.
- Police investigation into the offence.
- Collection of physical, documentary, electronic, and forensic evidence.
- Identification of all accused persons involved.
- Arrest of the accused persons.
- Recovery of stolen property and weapons.
- Recording of statements of victims and witnesses.
- Filing of charge sheet before the competent court.
- Committal of the case to the Court of Session.
- Framing of charges.
- Examination and cross-examination of witnesses.
- Final arguments by the prosecution and defence.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
Old Law vs New Law (IPC → BNS Mapping)
| IPC Provision | BNS Provision |
|---|---|
| IPC Section 391 (Definition of Dacoity) | BNS Section 310(1) |
| IPC Section 395 (Punishment for Dacoity) | BNS Section 310(2) |
| IPC Section 396 (Dacoity with Murder) | BNS Section 310(3) |
| IPC Section 399 (Preparation for Dacoity) | BNS Section 310(4) |
| IPC Section 402 (Assembly for Dacoity) | BNS Section 310(5) |
| IPC Section 400 (Belonging to Dacoity Gang) | BNS Section 310(6) |
BNS Section 310 consolidates multiple IPC provisions relating to dacoity into a single section. Under the IPC, these offences were spread across Sections 391, 395, 396, 399, 400, and 402. The BNS brings these provisions together under one comprehensive framework.
Difference Between Robbery and Dacoity
| Basis | Robbery | Dacoity |
|---|---|---|
| Number of Offenders | One or More Persons | Five or More Persons |
| Nature of Offence | Theft or Extortion with Violence | Robbery by a Group of Five or More Persons |
| Seriousness | Serious Offence | More Serious Organised Offence |
| Punishment | Lower Compared to Dacoity | Up to Life Imprisonment |
| Organised Group Required | No | Yes |
The primary distinction is the number of offenders. When robbery is committed by five or more persons acting together, the offence becomes dacoity.
Important Case Laws Related to BNS Section 310
Shyam Behari v. State of Uttar Pradesh
The Supreme Court held that participation and common intention among five or more persons are important factors in establishing dacoity.
Ram Lakhan v. State of Uttar Pradesh
The Court emphasised that every participant who aids the commission of robbery may be liable for dacoity if the required number of offenders is present.
These decisions continue to provide guidance because BNS Section 310 substantially corresponds to the earlier IPC provisions.
Defences Available Under BNS Section 310
Depending upon the facts of the case, an accused may raise several legal defences.
Common defences include:
- False implication.
- Mistaken identity.
- Absence of participation in the alleged offence.
- Failure to establish the presence of five or more persons.
- Lack of evidence connecting the accused to the crime.
- Improper identification by witnesses.
- Recovery evidence being unreliable or fabricated.
The success of these defences depends on the facts and evidence presented before the court.
Real-Life Example of BNS Section 310
Suppose six persons armed with weapons stop a vehicle on a highway and forcibly take cash, jewellery, and other valuables from the occupants. During the incident, some members threaten the victims while others seize the property.
Since five or more persons jointly participated in the robbery, all of them may be prosecuted for dacoity under BNS Section 310. If one member causes the death of a victim during the offence, every participant may face enhanced punishment under sub-section (3).
Conclusion
BNS Section 310 deals with dacoity and targets organised robbery committed by five or more persons. The provision not only punishes the actual commission of dacoity but also covers preparation, assembly, gang membership, and dacoity accompanied by murder.
With punishments extending up to life imprisonment and even death in the most serious cases, BNS Section 310 reflects the legislature's intention to deal strictly with organised violent crimes against property and persons.