Making preparation to commit dacoity
Section 399 of the Indian Penal Code, 1860 deals with making preparation to commit dacoity. 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. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 399, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 310 Dacoity Close, with changes 81%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- Code of Criminal Procedure Act s. 82 Proclamation for person absconding
- Code of Criminal Procedure (Amendment) Act s. 12 Amendment of section 82
- Crpc 1973 s. 82 Proclamation for person absconding
- Crpc 1973 s. 439 Special powers of High Court or Court of Session regarding bail
- Uttar Pradesh Dacoity Affected Areas Act s. 30
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhola Nath vs State of N.c.t. of Delhi
Court's Decision & Legal Precedent
Where an appellant has already undergone substantial incarceration during investigation, trial, and appeal pendency, and there are no prior criminal antecedents or subsequent criminal activity, the period of incarceration already undergone may be treated as the punishment meted out, and the sentence may be modified accordingly to meet the ends of justice, particularly when significant time has elapsed since the commission of the offence.
On this section: Dacoity - applied to convict appellant for committing dacoity with five co-accused; conviction confirmed on appeal
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Saddeek vs State of Rajasthan through P P
Court's Decision & Legal Precedent
When co-accused in the same criminal case have been granted bail by the High Court, and the charge sheet has been presented in court, the principle of bail parity requires that bail should be granted to other accused in the same case, subject to satisfaction of the Trial Court, without expressing opinion on the merits of the case.
On this section: Sections 399 and 402 relate to dacoity and dacoity with attempt to cause death or grievous hurt. Section 115 relates to abetment. These sections define the criminal charges against the petitioner.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 399
What have the courts held on Section 399 of the Indian Penal Code?
Bhola Nath vs State of N.c.t. of Delhi (08 Feb 2019) is the leading judgment on this section among those set out below: Dacoity - applied to convict appellant for committing dacoity with five co-accused; conviction confirmed on appeal. Another 1 judgment on this section is set out below. They run from 2017 to 2019.
How do I find court cases under Section 399 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 399, section 399 IPC, section 399 of the Indian Penal Code. People searching for it also type ipc 399 402 and ipc 399 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Bhola Nath vs State of N.c.t. of Delhi (08 Feb 2019).
What should I read with Section 399 of the Indian Penal Code, and has it changed?
5 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 310 (Dacoity), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 399 of the Indian Penal Code come into force?
Section 399 of the Indian Penal Code, cited as IPC 399, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.