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IPC 395 vs BNS 395

● Retained in BNS
Indian Penal Code, 1860 § IPC 395

Punishment for dacoity


Section 395 of the Indian Penal Code, 1860, defines dacoity as the act of five or more persons committing robbery together. It is considered a more serious offence than individual robbery due to the increased threat and collective violence involved.

Key points:

  • Applies when five or more persons commit robbery jointly.

  • Emphasizes organized criminal acts and collective intimidation.

  • Punishment: Rigorous imprisonment for life, or imprisonment up to 10 years, and fine.

For example, a gang of five people threatening a shopkeeper with weapons and taking money constitutes dacoity under IPC 395. The law ensures protection against group criminal activity and holds all participants accountable for the collective act of robbery.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 395

Punishment for dacoity


Section 395 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 395. It punishes dacoity, defined as robbery by five or more persons acting together, maintaining the same scope and punishment as IPC 395.

Key points:

  • Protects individuals from group robbery and collective violence.

  • Punishment remains rigorous imprisonment for life, or imprisonment up to 10 years, and fine.

  • Covers acts where five or more persons commit robbery collectively.

For instance, a group of criminals forcibly taking property together falls under BNS 395. This provision ensures strong deterrence against organized robbery, fully aligning with IPC 395.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 395 to BNS BNS 395.