Punishment for belonging to gang of thieves
Section 401 of the Indian Penal Code, 1860 deals with punishment for belonging to gang of thieves. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Section 401, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 313 Punishment for belonging to gang of robbers, etc Close, with changes 70%
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 The repealed enactment still governs what happened while it was in force.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.
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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Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar
Court's Decision & Legal Precedent
When an accused has been in custody for a substantial period and the primary evidence sought by the investigating agency (looted articles) has not been recovered from the accused's possession, bail should be granted, particularly when the only recovery is of a firearm unrelated to the primary charge of dacoity. The court must balance the right to liberty against the severity of charges and the strength of evidence.
On this section: Criminal intimidation or attempt to commit dacoity - charge against the petitioner
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Lokesh @ Kamlesh vs State of Rajasthan through P P
Court's Decision & Legal Precedent
A person with established criminal antecedents involving multiple similar offences (habitual offender) should be denied bail, as such history demonstrates a propensity for committing further offences and poses a risk to public safety and the administration of justice.
On this section: Section 401 IPC pertains to belonging to or acting as member of a dacoity gang. The petitioner was charged under this section, suggesting possible involvement in organized theft activities.
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 401
What have the courts held on Section 401 of the Indian Penal Code?
Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar (06 Aug 2019) is the leading judgment on this section among those set out below: Criminal intimidation or attempt to commit dacoity - charge against the petitioner. Another 1 judgment on this section is set out below. They run from 2017 to 2019.
How do I find court cases under Section 401 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 401, section 401 IPC, section 401 of the Indian Penal Code. People searching for it also type ipc 401 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 Ashish Kumar Singh @ Ashiqi vs The Sate of Bihar (06 Aug 2019).
What should I read with Section 401 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 313 (Punishment for belonging to gang of robbers, etc), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 401 of the Indian Penal Code come into force?
Section 401 of the Indian Penal Code, cited as IPC 401, 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.