IPC Sections 400, 401 and 402: Gangs of Dacoits, Gangs of Thieves and Assembly for Dacoity

Sections 400, 401 and 402 of the Indian Penal Code, 1860 deal with belonging to a gang associated for habitually committing dacoity, belonging to a qualifying gang habitually committing theft or robbery, and assembling in a group of five or more for the purpose of committing dacoity.

Section 400 IPC - Punishment for Belonging to Gang of Dacoits

The expression "imprisonment for life" was substituted by Act 26 of 1955, Section 117 and the Schedule, for the former expression "transportation for life", with effect from 1 January 1956.

Essential Ingredients of Section 400 IPC

• The accused must belong to a gang of persons.
• The gang must be associated for the purpose of habitually committing dacoity.
• The provision punishes the specified gang membership; it is not confined to punishment for one particular completed dacoity.

Section 401 IPC - Punishment for Belonging to Gang of Thieves

Essential Ingredients of Section 401 IPC

• The accused must belong to a wandering or other gang.
• The gang must be associated for the purpose of habitually committing theft or robbery.
• The gang must not be a gang of thugs or dacoits.
• Punishment may extend to seven years of rigorous imprisonment and includes liability to fine.

Section 402 IPC - Assembling for Purpose of Committing Dacoity

Essential Ingredients of Section 402 IPC

• There must be an assembly of five or more persons.
• The accused must be one of the persons so assembled.
• The purpose of the assembly must be the committing of dacoity.
• The punishment may extend to seven years of rigorous imprisonment and includes liability to fine.

Meaning of Dacoity, Robbery and Theft

Dacoity - Section 391 IPC

Section 391 IPC provides, in substance, that when five or more persons conjointly commit or attempt to commit robbery, or when the persons committing or attempting it together with persons present and aiding them total five or more, every such person is said to commit dacoity.

Robbery - Section 390 IPC

Section 390 IPC provides that in all robbery there is either theft or extortion. It sets out the additional circumstances involving violence, wrongful restraint or fear of instant harm that convert theft or extortion into robbery.

Theft - Section 378 IPC

Section 378 IPC deals with theft. In substance, theft involves dishonestly moving movable property out of another person's possession without that person's consent in order to take it.

Difference Between Sections 400, 401 and 402 IPC

Gang Membership and Assembly: Important Distinction

Sections 400 and 401 focus on belonging to gangs associated with habitual criminal purposes specified in those sections. Section 402 instead focuses on an assembly of five or more persons for the purpose of committing dacoity. The statutory ingredients should therefore be examined separately for the particular charge.

Section 399 and Section 402 IPC

Section 399 IPC punishes making preparation for committing dacoity, whereas Section 402 punishes being one of five or more persons assembled for the purpose of committing dacoity. Although both concern conduct before a completed dacoity, their statutory ingredients are distinct.

Pre-BNSS Criminal Procedure Position

Under the First Schedule to the Code of Criminal Procedure, 1973, offences under Sections 400, 401 and 402 IPC were cognizable and non-bailable and were triable by the Court of Session.

This article is a general summary of the pre-BNS statutory framework. The precise provision applicable depends on the allegations, date of conduct, evidence and procedural law governing the case.