BNS Section 310: Dacoity (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 310 of the Bharatiya Nyaya Sanhita (BNS) defines and punishes dacoity, which is robbery committed by five or more persons acting together. The BNS is the new criminal code in force since 1 July 2024. Section 310 brings into one place what the Indian Penal Code (IPC) spread across several sections, including the punishment for dacoity, dacoity with murder, preparation, assembling, and belonging to a gang. If you still look up "Section 395 IPC" for dacoity, this is the provision you now need. This explainer sets out each part of Section 310, how it maps to the old law, the punishments, and what changed. Last verified October 2026.

01Why the section number matters now

Since 1 July 2024, the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). Dacoity, which the IPC dealt with across Sections 391 to 402, is now gathered into a single Section 310 of the BNS.

This is a structural change, not only a renumbering. Where the IPC had separate sections for the definition, the punishment, dacoity with murder, preparation, assembling, and belonging to a gang, the BNS folds them into one section with numbered sub-sections. So a charge sheet for an offence on or after 1 July 2024 will cite Section 310 and the relevant sub-section, not the old IPC numbers.

02What Section 310 covers

Section 310 of the BNS covers dacoity. Dacoity is robbery where five or more persons conjointly commit or attempt to commit a robbery, counting everyone present and aiding. The step up from robbery to dacoity is the number of offenders acting together.

Robbery itself is defined and punished in Section 309 of the BNS. Section 310 then deals with dacoity and the circle of connected offences, so that organised group robbery is treated as one of the gravest property offences in the code.

03The six parts of Section 310

Section 310 is built in sub-sections. In plain terms:

• 310(1): defines dacoity, robbery by five or more persons acting together.
• 310(2): whoever commits dacoity faces imprisonment for life, or rigorous imprisonment up to ten years, and a fine.
• 310(3): if any one of the five or more persons commits murder in committing the dacoity, every one of them faces death, or imprisonment for life, or rigorous imprisonment of not less than ten years, and a fine. This is dacoity with murder.
• 310(4): whoever makes preparation to commit dacoity faces rigorous imprisonment up to ten years, and a fine.
• 310(5): whoever is one of five or more persons assembled to commit dacoity faces rigorous imprisonment up to seven years, and a fine.
• 310(6): whoever belongs to a gang habitually committing dacoity faces imprisonment for life, or rigorous imprisonment up to ten years, and a fine.

So dacoity with murder is Section 310(3), and belonging to a gang of dacoits is Section 310(6), not separate section numbers as under the IPC.

04Old to new: IPC to BNS 310

The dacoity cluster of the IPC is consolidated into Section 310 of the BNS. The punishments are carried over, so case law under the old sections still helps.

Because the punishments are carried over, judgments on Sections 391 to 402 of the IPC still guide how Section 310 is read.

05Punishment and classification

The core punishment for dacoity under Section 310(2) is imprisonment for life, or rigorous imprisonment up to ten years, and a fine. Dacoity with murder under Section 310(3) allows death, imprisonment for life, or rigorous imprisonment of not less than ten years, and a fine.

On classification, dacoity under Section 310 is understood to be:

• Cognizable: the police can register an FIR and investigate without prior approval of a court.
• Non-bailable: bail is not a matter of right and is decided by the court.
• Triable by the Court of Session.

06What changed from the old law

The substance of each dacoity offence is carried over from the IPC, so the five-person threshold, the punishments, and the gang and preparation offences all survive. The real change is the consolidation into one Section 310 with sub-sections, which makes the offence easier to read in one place.

For charging, the correct citation is now Section 310 plus the sub-section, for example Section 310(3) for dacoity with murder. Aggravated robbery or dacoity with a deadly weapon or grievous hurt is dealt with under Section 311 of the BNS, and attempt to commit robbery or dacoity when armed with a deadly weapon under Section 312 of the BNS.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Dacoity matters are tried in Sessions courts and frequently travel up on appeal, where both sides lean on how the five-person threshold and the gang and murder sub-sections have been read across the old IPC cluster. Claw lets you gather those rulings with a section, party or advocate search over 9,102 courts, benches and forums, spanning the Supreme Court from 1950 and High Courts from 1990, with results in under 5 seconds from a base of 30 crore+ judgments.

Your uploads are never used to train Claw AI models, so sensitive briefs stay confidential. Start a free Claw account to trace how Sessions courts and High Courts have handled dacoity and its sub-sections, or to follow a live matter by party or advocate name. For a broader search of Indian law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 310, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions