What Is BNS Section 310?

Bharatiya Nyaya Sanhita, 2023 - Section 310: 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.

Brief Detail

Section 310 of the BNS defines dacoity as an offense committed by five or more persons jointly in the act of robbery or aiding in the commission of robbery. The section stipulates severe punishments, including life imprisonment or rigorous imprisonment for varying terms based on the nature of the crime and involvement in organized dacoity.

Question & Answers

• Q1: What constitutes dacoity under Section 310?
  A: Dacoity occurs when five or more persons jointly commit or attempt to commit robbery or aid in the robbery.
• Q2: What are the punishments for committing dacoity?
  A: Punishments for dacoity include imprisonment for life, rigorous imprisonment for up to ten years, and fines.
• Q3: What happens if murder is committed during dacoity?
  A: If murder is committed during dacoity, all involved persons face severe penalties, including the death penalty or life imprisonment.
• Q4: What is the punishment for preparing to commit dacoity?
  A: Those preparing to commit dacoity can face rigorous imprisonment for up to ten years and a fine.

Example

• Example 1: Five individuals plan and execute a robbery at a bank; they all commit dacoity.
• Example 2: During a dacoity, one member of the group murders a security guard; all members are liable for severe penalties.
• Example 3: A group of five gathers to prepare for a dacoity; they can be punished for preparation even if the robbery hasn't been attempted yet.
• Example 4: A person found to be a habitual member of a gang known for dacoity will face life imprisonment or rigorous imprisonment up to ten years.

Summary

Section 310 of the BNS outlines the definition and consequences of dacoity, emphasizing that the act involves five or more individuals working together to commit robbery. The penalties for such offenses are severe, reflecting the seriousness of organized crime and its impact on society.