IPC Section 400 - Belonging to Gang of Dacoits

Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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Non-bailable, Cognizable

Official Text

“Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused belonged to a gang.
  • The gang was associated for the purpose of committing dacoity.
  • The dacoity was habitual (regular).
  • The association was intentional and not accidental.
  • The accused was actively part of the gang.

Potential Defenses:

  • The accused did not belong to a gang.
  • The gang was not associated for dacoity.
  • The dacoity was not habitual.
  • The accused was not actively part of the gang.

Practical Examples

What Constitutes the Offense:

A person being part of a group that regularly commits dacoity, or joining a gang known for robbery.

What Doesn't Constitute:

A person committing a single robbery, or being associated with people who don't commit dacoity.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the severe punishment for belonging to a gang of dacoits.

Punishment

Imprisonment for Life, or Rigorous imprisonment up to 10 years and Fine

Related Information

Connected Sections:

This section provides severe punishment for belonging to a gang of dacoits. It follows Section 399.

Procedural Aspects:

Prosecution requires proof of gang membership and habitual dacoity purpose. The case is triable by a Court of Session.

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