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IPC 395 → BNS 310: Dacoity

IPC Section 395 (Dacoity) under the old Indian Penal Code 1860 is now covered under Section 310 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

395

Dacoity

Punishment for dacoity

New Law — BNS 2023

310

Dacoity

Punishment / Liability
Same - Life imprisonment or up to 10 years
Key Change / Note
Enhanced provisions for organized dacoity

Facing a case under BNS 310?

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What changed for IPC 395?

IPC 395 (Dacoity) — punishment for dacoity — now maps to BNS Section 310. Key change: Enhanced provisions for organized dacoity. Punishment under BNS 310: Same - Life imprisonment or up to 10 years.

Quick Summary: IPC 395 vs BNS 310

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 395 (Dacoity) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering dacoity as BNS 310.

What did IPC 395 cover?

IPC 395 dealt with dacoitypunishment for dacoity. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 310: What changed in the new law?

Enhanced provisions for organized dacoity. From 1 July 2024, new complaints relating to dacoity are filed under BNS Section 310, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 310

Same - Life imprisonment or up to 10 years

Practical implications for advocates, police & citizens

  • Advocates: For dacoity, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 310 mapping before drafting.
  • Police officers: Establish dishonest intention and the manner of taking; a new dacoity FIR cites BNS 310.
  • Law students & citizens: With dacoity, value, the manner of taking and any force used determine which property offence applies and how serious it is.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 395?

IPC Section 395 (Dacoity) is now covered under Section 310 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 310?

Same - Life imprisonment or up to 10 years

What is the key difference between IPC 395 and BNS 310?

Enhanced provisions for organized dacoity

Is IPC 395 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The dacoity offence earlier in IPC 395 is now governed by BNS 310 — pending IPC 395 cases continue, but new FIRs cite BNS 310.

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