The Bharatiya Nyaya Sanhita (BNS) 2023 has replaced the Indian Penal Code (IPC). One of the important sections under the new law is BNS Section 310, which deals with dacoity.
Dacoity is not a new crime. It has been present in Indian criminal law for years. The BNS has retained its seriousness with slightly refined provisions to align with modern times.
What is BNS Section 310 Dacoity?
Section 310 of the Bharatiya Nyaya Sanhita 2023 defines and punishes the offence of dacoity.
Here’s what it says:
“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’.”
In simple words, if five or more people commit or try to commit robbery together, it becomes dacoity.
Punishment under BNS Section 310
The punishment for dacoity is strict and reflects the seriousness of the crime.
- Imprisonment for life, or
- Rigorous imprisonment up to 10 years, and
- Fine
If dacoity is committed with deadly weapons or involves serious injury, the punishment may be harsher.
Ingredients of Dacoity under BNS Section 310
To invoke BNS Section 310 Dacoity, the following conditions must be met:
- Five or more persons involved
- Common intention to rob
- Commission or attempt to commit robbery
- Participation or aid by all accused
- Conjoint action (planned or executed together)
Even if someone doesn’t physically rob but assists, they can still be charged under this section.
Short Note on Dacoity (BNS Section 310)
- Type of offence: Cognizable and Non-bailable
- Triable by: Court of Session
- Minimum persons: 5
- Nature: Serious and organized crime
- Includes: Attempt or aiding as well
This section helps curb gang robberies or group crimes that are pre-planned and violent in nature.
Important Case Laws on Dacoity
Nawab Khan v. State of Rajasthan (2009)
In this case, five armed men looted a jewelry shop. The court upheld the conviction under Section 395 IPC (now BNS 310), stating that the number of accused and their joint participation made it a clear case of dacoity.
Relevance: Confirms that aiding or facilitating is enough for conviction under BNS Section 310.
Khem Karan v. State of U.P. (AIR 1974 SC 2165)
The Supreme Court ruled that even if one of the accused is acquitted, and the number of remaining convicts falls below five, it does not absolve others if five were originally involved.
Relevance: Validates the requirement of five persons at the time of commission, not necessarily conviction.
Ram Chander v. State of Haryana (1998 CrLJ 188)
In this case, the dacoits tied up the family and looted valuables. The court emphasized the planned nature and use of weapons, awarding a life sentence.
Relevance: Shows that violent, premeditated robberies by groups will draw severe penalties.
State of Maharashtra v. Joseph Mingel Koli (1997 CrLJ 3754)
Court noted that conspiracy or aiding from a distance, like waiting in a getaway vehicle, also qualifies as participation in dacoity.
Relevance: Even indirect involvement can attract Section 310 BNS charges.
Why is Dacoity Treated So Seriously?
Dacoity isn’t just theft or robbery. It usually involves:
- Group planning
- Deadly weapons
- Threat to life
- Injuries or death
- Terror in society
That’s why the law provides for life imprisonment. It also ensures public safety and acts as a strong deterrent.
Difference between Robbery and Dacoity
| Point | Robbery | Dacoity |
|---|---|---|
| Number of persons | Even 1 person can commit | Minimum 5 persons |
| Severity | Less severe | More severe |
| Punishment | Up to 10 years | Life imprisonment possible |
| Organized? | Not always | Usually planned |
This makes BNS Section 310 Dacoity a distinct and more serious form of robbery.
Transition to BNS from IPC
Under IPC, dacoity was covered under Section 395. BNS Section 310 continues the same principles, but with modern clarity. This ensures better implementation, uniformity in punishments, and alignment with present-day crime patterns.
Precautions and Legal Advice
- Anyone accused under Section 310 should immediately seek legal help.
- Since it is non-bailable and serious, pre-trial detention is common.
- Courts look at circumstantial and direct evidence – presence, motive, weapons, planning, etc.
- If accused was not part of the original group, they may still be charged if there’s proof of aiding.
Disclaimer
This article is meant for general informational purposes only. It does not constitute legal advice. For any specific legal matter or criminal charge, always consult a qualified criminal lawyer or legal expert.
Conclusion
BNS Section 310 Dacoity is a strong legal provision meant to handle organized, violent crimes involving five or more people. It sends a clear message — group robberies will be punished harshly.
The law not only protects citizens but also helps police and judiciary take swift action against gang crimes. If you’re studying criminal law or facing such charges, understanding Section 310 is crucial.
