IPC 401 → BNS 310(5): Gang of Thieves

Quick Summary: IPC 401 vs BNS 310(5)

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 401 (Gang of Thieves) is now mapped to BNS Section 310(5).

What did IPC 401 cover?

IPC 401 dealt with gang of thieves — punishment for belonging to gang of thieves. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 310(5): What changed in the new law?

Merged into Dacoity section. From 1 July 2024, all new criminal complaints relating to gang of thieves are filed under BNS Section 310(5). Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 310(5)

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 310(5) instead of IPC 401.
• Police officers: Use BNS 310(5) as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 401 ↔ BNS 310(5) mapping.