Punishment for belonging to gang of robbers, etc
What this section does
This section punishes membership of a gang habitually engaged in theft or robbery, where the gang does not rise to the level of a gang of dacoits. Mere belonging to such a gang is sufficient for liability.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Rigorous imprisonment up to 7 years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused belongs to a gang of persons
- The gang is associated in habitually committing theft or robbery
- The gang is not a gang of dacoits (dacoity gang is excluded)
Practitioner note
Punishment is rigorous imprisonment (not simple imprisonment). The section expressly excludes gangs of dacoits, which are dealt with under separate provisions.
Derived from IPC s.401.
Read the official text
For the binding statutory text of BNS Section 313, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 313 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.