Bharatiya Nyaya Sanhita, 2023
Section 310 BNS: Dacoity - Meaning, Punishment, Bail and Trial Court
Section 310 of the Bharatiya Nyaya Sanhita, 2023 defines dacoity and separately punishes committing dacoity, murder during dacoity, preparation for dacoity, assembling for dacoity, and belonging to a gang associated with habitual dacoity.
Section 310(1) BNS - Definition of Dacoity
When five or more persons conjointly commit or attempt to commit a robbery, or when the total number of persons conjointly committing or attempting the robbery together with persons present and aiding the commission or attempt amounts to five or more, every person so committing, attempting or aiding is said to commit dacoity.
The numerical requirement is fundamental. Dacoity is essentially robbery involving the participation of at least five persons in the manner laid down in Section 310(1).
Essential Ingredients of Dacoity
For Section 310(1) to apply, the following elements are ordinarily material:
- there must be a robbery or an attempt to commit robbery;
- five or more persons must be involved conjointly in the commission or attempt, or the total number of persons committing or attempting together with persons present and aiding must be five or more;
- the persons must be acting in the manner contemplated by the statutory definition; and
- persons present and aiding may count toward the statutory total of five or more.
Punishments Under Section 310(2) to Section 310(6)
| Provision | Offence | Punishment |
|---|---|---|
| 310(2) | Committing dacoity | Imprisonment for life, or rigorous imprisonment up to ten years, and fine |
| 310(3) | Murder committed by any one of five or more persons conjointly committing dacoity | Death, imprisonment for life, or rigorous imprisonment for a term not less than ten years, and fine |
| 310(4) | Making preparation for committing dacoity | Rigorous imprisonment up to ten years and fine |
| 310(5) | Being one of five or more persons assembled for the purpose of committing dacoity | Rigorous imprisonment up to seven years and fine |
| 310(6) | Belonging to a gang associated for the purpose of habitually committing dacoity | Imprisonment for life, or rigorous imprisonment up to ten years, and fine |
BNSS Classification: Cognizable, Bail and Trial Court
| Provision | Cognizable | Bail | Trial Court |
|---|---|---|---|
| 310(2) | Cognizable | Non-bailable | Court of Session |
| 310(3) | Cognizable | Non-bailable | Court of Session |
| 310(4) | Cognizable | Non-bailable | Court of Session |
| 310(5) | Cognizable | Non-bailable | Court of Session |
| 310(6) | Cognizable | Non-bailable | Court of Session |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a uniform procedural classification to the punishable Section 310 offences: each is cognizable, non-bailable and triable by the Court of Session.
Dacoity With Murder - Section 310(3)
Section 310(3) applies where any one of five or more persons conjointly committing dacoity commits murder in the course of the dacoity. The provision extends criminal liability to every one of those persons conjointly committing the dacoity.
The punishment is severe: death, imprisonment for life, or rigorous imprisonment for a term of not less than ten years, together with fine.
Preparation, Assembly and Habitual Dacoity
Preparation for dacoity - Section 310(4)
Making preparation for committing dacoity is itself an offence. The punishment may extend to ten years of rigorous imprisonment and fine.
Assembly for dacoity - Section 310(5)
Being one of five or more persons assembled for the purpose of committing dacoity is separately punishable with rigorous imprisonment up to seven years and fine.
Gang associated with habitual dacoity - Section 310(6)
A person who belongs to a gang associated for the purpose of habitually committing dacoity may be punished with imprisonment for life, or rigorous imprisonment up to ten years, and fine.
Difference Between Robbery and Dacoity
Section 309 BNS defines robbery. Section 310 builds on robbery by adding the statutory requirement of five or more persons participating conjointly, or counting persons present and aiding so that the total reaches five or more.
In simple terms, every dacoity involves robbery or attempted robbery, but every robbery is not dacoity. The numerical threshold and group participation required by Section 310 distinguish the two offences.
Why the Number Five Matters
Section 310(1) expressly uses the threshold of five or more persons. Persons actually committing or attempting robbery and persons present and aiding may together satisfy the statutory number. This group element is central to the offence of dacoity.
Official Legal Sources
For authoritative statutory wording, procedural classification and commencement information, consult India Code and the Ministry of Home Affairs resources listed in the right sidebar. The official Act, First Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is dacoity under Section 310 BNS?
Dacoity is committed when five or more persons conjointly commit or attempt robbery, or when the persons committing or attempting robbery together with persons present and aiding number five or more.
What is the punishment for dacoity?
Under Section 310(2), dacoity is punishable with imprisonment for life, or rigorous imprisonment up to ten years, and fine.
What is the punishment for murder during dacoity?
Section 310(3) provides death, imprisonment for life, or rigorous imprisonment for a term not less than ten years, along with fine.
Is Section 310 BNS bailable?
No. The offences listed under Sections 310(2) to 310(6) are non-bailable.
Is Section 310 BNS cognizable?
Yes. Sections 310(2) to 310(6) are cognizable offences.
Which court tries offences under Section 310 BNS?
The BNSS First Schedule classifies the offences under Sections 310(2) to 310(6) as triable by the Court of Session.
How many persons are required for dacoity?
Five or more persons are required in the manner specified in Section 310(1).
This page provides general legal information. Application of Section 310 depends on the facts, evidence and law applicable to the individual case.