IPC 401 vs BNS 401
● Retained in BNSPunishment for belonging to a gang of dacoits
Section 401 of the Indian Penal Code, 1860, deals with punishment for being a member of a gang of dacoits. This section targets individuals who associate with organized criminal groups involved in robbery, even if they do not directly participate in the act at the time.
Key points:
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Applies when a person belongs to a gang of five or more persons engaged in dacoity.
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Punishment: Imprisonment up to 7 years, and fine.
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Focuses on deterring association with criminal gangs and preventing organized crime.
For example, an individual who knowingly joins a gang of dacoits, providing support or presence during planning, falls under IPC 401. The law ensures accountability for group membership that facilitates organized robbery, reducing the likelihood of serious criminal acts.
Punishment for belonging to a gang of dacoits
Section 401 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 401. It punishes acts where a person belongs to a gang of dacoits, maintaining the same scope and punishment as IPC 401.
Key points:
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Protects society by criminalizing membership in organized robbery gangs.
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Punishment remains imprisonment up to 7 years, and fine.
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Covers acts where a person knowingly associates with a dacoit gang.
For instance, joining a group of criminals planning robbery falls under BNS 401. This provision ensures deterrence against participation in organized crime, fully aligning with IPC 401.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 401 to BNS BNS 401.