Section 310 BNS (Bharatiya Nyaya Sanhita 2023): Dacoity

Section 310 BNS 2023 states dacoity happens when five or more people together commit robbery. The punishment for dacoity can be life imprisonment or death, depending on what happened, including if someone was murdered while the dacoity was being committed. Section 310 BNS also states the punishments for getting ready to commit dacoity, gathering to commit dacoity, or being part of a group that regularly commits dacoity. Explore other important Judiciary Notes.

Section 310 BNS: Dacoity

1. 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”.
2. 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.
3. 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.
4. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
5. Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
6. Whoever belongs to a gang of persons associated for the purpose of habitually committing 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.

Note: “The information provided under Section 310 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Section 310 of Bharatiya Nyaya Sanhita 2023 addresses a grave form of organized crime: Dacoity. This section stands on the foundational offence of robbery, it specifically targets instances where criminal activity is carried out by a larger group, recognizing the heightened threat and potential violence associated with such actions. Section 310 of BNS basically says that when five or more people work together to commit robbery, it's called dacoity. The punishment for this serious crime can be very severe, even imprisonment for life or the death penalty if someone is killed during the dacoity. The law also punishes people for planning to commit dacoity, gathering with others to do it, or being part of a gang that regularly commits this crime. 

Section 310 BNS Essential Element

For an offence to be punishable for dacoity under Section 310 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

• Five or More Persons: 

This is the determining characteristic that distinguishes dacoity under Section 310 BNS from robbery. The involvement of a minimum of five individuals acting in concert is mandatory. This number includes both those directly participating in the act of robbery and those present at the scene and actively aiding the commission or attempted commission of the robbery, even if they don't directly commit the theft or extortion.

• Conjointly Committing Robbery: 

The five or more persons must act "conjointly," under Section 310 of BNS, meaning they are working together with a shared intention and a common purpose to commit robbery. This implies:

• A pre-arranged plan or understanding amongst the individuals.
• Coordinated actions towards the commission of the robbery.
• Each person plays a role, however big or small, in the overall execution or attempt of the robbery.
• Robbery: The underlying offence under Section 310 BNS that escalates to dacoity due to the number of offenders is "robbery,". Robbery involves either:
• Theft: Dishonestly taking movable property out of the possession of another person without their consent, with the intent to cause wrongful gain to oneself or wrongful loss to the other person.
• Extortion: Putting any person in fear of any injury to that person or any other person, and thereby dishonestly inducing the person so put in fear to deliver any property or valuable security. Crucially, for theft or extortion to become robbery, the offender must, in order to commit or while committing the theft or extortion, or while carrying away or attempting to carry away property obtained by the theft or extortion, voluntarily cause or attempt to cause to any person:
  • Death
  • Hurt
  • Wrongful restraint
  • Fear of instant death, instant hurt, or instant wrongful restraint. The presence of violence or the threat of it is what transforms theft or extortion into the more serious offense of robbery, which then forms the basis of dacoity under Section 310 BNS when committed by five or more people.

Section 310 BNS essentially retains the core of Section 391, 395, 396, 399, 400, 402 of the Indian Penal Code, with changes being done in the punishment in case of commission of offence under Section 310(3) BNS which is Dacoity with murder:

Section 310 BNS: Judicial Interpretation

Judicial interpretation of Section 310 BNS by Indian courts has been an outlining factor in determining the ambit of section 310 of BNS, mentioned hereinafter are some of the landmark judgments :

• Chandra Bhan vs State 1980

This case became a landmark judgment on Section 391 IPC now, Section 310 BNS, as in this it was held that when a person is desperate and very much inimical, he can go to commit dacoity without taking the usual precaution of covering his face. Section 391 IPC now, Section 310 of BNS was crucial in establishing the nature of the initial crime committed by the group. The presence of five or more individuals acting conjointly in an attempt to commit robbery was a key element considered by the courts, even though the final convictions for the appellants were under sections related to the violence and injuries inflicted during that attempt. 

• Raju Manjhi vs State of Bihar 2019

This case dealt with an appeal against the conviction of the appellant under Section 396 of the Indian Penal Code (IPC) now Section 310(3) of BNS for dacoity with murder. The case involved a dacoity committed by 10-12 individuals at the residence of one Kamdeo Singh, during which injuries were inflicted on family members, leading to the death of Kameshwar Singh. Raju Manjhi was identified as one of the dacoits. The court, in this case, held that the appellant accused was rightly convicted for dacoity as the dacoity now, under Section 310 BNS, itself and the role in guarding the house from the outside with another accused, while dacoity was being committed inside the house by other accused, stood established.

• The State vs Sadhu Singh And Ors. 1972

The Rajasthan High Court affirmed the convictions of the accused under Section 397 IPC now, Section 311 BNS for using a firearm and causing injury during an attempted dacoity, and his accomplices under Section 394 IPC for causing hurt. However, it rejected the State's appeal for a murder conviction under Section 302 IPC and consequently under Section 396 IPC (dacoity with murder) now, Section 310(3) BNS, for the victim's death. The court clearly held that the dacoity concluded when the accused fled empty-handed due to the villagers' resistance. Additionally, the absence of evidence identifying the shooter precluded a murder conviction for any of the accused, thus making Section 396 IPC now, Section 310(3) BNS inapplicable. The court's stance emphasizes that murder committed solely to facilitate escape after an unsuccessful dacoity, without any loot, is distinct from murder committed during the dacoity under now Section 310 BNS.

Conclusion

Section 310 of the BNS 2023 emphasizes the gravity of dacoity as an offence affecting both public and property. Section 310 BNS provides for strict punishments, that can go from from life imprisonment to the death penalty in cases involving murder, to act as a strong deterrence against such heinous acts. Moreover, Section 310 of BNS includes punishments for merely preparing for or assembling to commit dacoity, which reinforces a preventative legal approach to handling these crimes.