IPC 402 → BNS 310(5): Assembly for Dacoity

Quick Summary: IPC 402 vs BNS 310(5)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 402 (Assembly for 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 assembly for dacoity as BNS 310(5).

What did IPC 402 cover?

IPC 402 dealt with assembly for dacoity — assembling for purpose of committing 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(5): What changed in the new law?

Merged into Dacoity section. From 1 July 2024, new complaints relating to assembly for dacoity are filed under BNS Section 310(5), while cases registered earlier continue under the old IPC provision 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: For assembly for dacoity, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 310(5) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new assembly for dacoity FIR cites BNS 310(5).
• Law students & citizens: With assembly for dacoity, value, the manner of taking and any force used determine which property offence applies and how serious it is.