Bharatiya Nyaya Sanhita, 2023
Section 313 BNS: Punishment for Belonging to Gang of Robbers, etc.
Section 313 of the Bharatiya Nyaya Sanhita, 2023 punishes membership in a gang of persons associated in habitually committing theft or robbery, provided the gang is not a gang of dacoits.
Section 313 BNS - Statutory Provision
Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
The offence focuses on belonging to a gang whose association is connected with habitual theft or robbery. The section expressly excludes a gang of dacoits because dacoity-related gang conduct is dealt with separately under Section 310.
Essential Ingredients of Section 313 BNS
For Section 313 to apply, the prosecution must ordinarily establish:
- the existence of a gang of persons;
- that the gang is associated in habitually committing theft or robbery;
- that the accused belongs to that gang; and
- that the gang is not a gang of dacoits.
The section is directed at gang membership linked to habitual criminal activity rather than a single isolated theft or robbery standing alone.
Habitually Committing Theft or Robbery
The statutory expression "habitually committing" indicates repeated or continuing association with theft or robbery as a characteristic activity of the gang. Whether the requirement is proved depends on the evidence about the nature of the group, its pattern of activity, and the accused person's connection with it.
A prosecution under Section 313 therefore requires evidence supporting both the character of the gang and the accused person's membership in that gang.
Exclusion of a Gang of Dacoits
Section 313 expressly states that the gang must not be a gang of dacoits. Dacoity is separately dealt with in Section 310 BNS, including punishment for belonging to a gang associated for the purpose of habitually committing dacoity under Section 310(6).
The distinction is important because Section 313 concerns gangs habitually committing theft or robbery, while habitual dacoity gang membership falls within the separate and more serious dacoity framework.
Punishment, Cognizability, Bail and Trial Court
| Offence | Belonging to a gang associated in habitually committing theft or robbery, other than a gang of dacoits |
|---|---|
| Punishment | Rigorous imprisonment up to seven years and fine |
| Cognizable | Yes |
| Bailable | No - classified as non-bailable |
| Trial court | Magistrate of the first class |
| Procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
Relationship With Theft, Robbery and Dacoity
Theft
Section 303 BNS contains the general offence of theft. Section 313 deals instead with membership in a gang habitually committing theft or robbery.
Robbery
Section 309 BNS defines robbery and prescribes punishment for robbery and attempted robbery.
Dacoity
Section 310 BNS governs dacoity and includes a separate offence for belonging to a gang associated for the purpose of habitually committing 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 Section 313 BNS?
Section 313 punishes a person who belongs to a gang associated in habitually committing theft or robbery, provided the gang is not a gang of dacoits.
What is the punishment under Section 313 BNS?
The punishment is rigorous imprisonment for a term which may extend to seven years, along with fine.
Is Section 313 BNS bailable?
No. It is classified as non-bailable.
Is Section 313 BNS cognizable?
Yes. It is a cognizable offence.
Which court tries an offence under Section 313 BNS?
The offence is triable by a Magistrate of the first class.
Does Section 313 apply to a gang of dacoits?
No. Section 313 expressly excludes a gang of dacoits. Habitual dacoity gang membership is dealt with separately under Section 310(6).
This page provides general legal information. Application of Section 313 depends on the facts, evidence and law applicable to the individual case.