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IPC 399

IPC Section 399 – Making Preparation to Commit Dacoity | Legal Guide
Section 399 · Indian Penal Code

IPC Section 399 – Making Preparation to Commit Dacoity

Section 399 of the Indian Penal Code punished making preparation for committing dacoity. The provision applied even when the planned dacoity had not yet been committed.

Subject: Preparation to Commit Dacoity
Punishment: Up to 10 Years + Fine
Cognizable: Yes
Bailable: No
BNS 2023 Equivalent: Section 310(4)
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Quick Answer: What Does IPC Section 399 Mean?

IPC Section 399 dealt with making preparation to commit dacoity. A person who made preparation for committing dacoity could be punished with rigorous imprisonment up to ten years and fine.

Preparation must be connected with an intended dacoity
Punishment could extend to 10 years of rigorous imprisonment and fine
The offence was cognizable and non-bailable
BNS Section 310(4) covers the corresponding offence under the new law

What is IPC Section 399?

IPC Section 399 dealt with making preparation to commit dacoity. It punished a person who made preparation for committing dacoity, even if the dacoity itself was not ultimately committed.

The prosecution had to establish preparation connected with an intended dacoity. Mere suspicion, presence, association or an unsupported allegation was not by itself enough to establish the offence.

Example of IPC Section 399

For example, where persons make concrete preparations for a planned dacoity and the evidence establishes that preparation, Section 399 could apply even before the planned dacoity took place.

Important Update: IPC to BNS Transition

The Indian Penal Code was repealed from 1 July 2024. For conduct governed by the new criminal law, the corresponding provision is BNS Section 310(4), which covers making preparation to commit dacoity.

Punishment Under IPC Section 399

IPC Section 399 prescribed rigorous imprisonment for a term which may extend to ten years, and fine.

ProvisionLegal Position
IPC Section 399Making preparation to commit dacoity
PunishmentRigorous imprisonment up to 10 years and fine
Classification*Cognizable and non-bailable
Trial*Court of Session
BNS equivalentSection 310(4): making preparation to commit dacoity

*Important: These classification details relate to the historical IPC framework. The IPC was repealed from 1 July 2024, subject to applicable saving and transition provisions.

Key Ingredients / Essential Elements of IPC Section 399

1

Preparation for dacoity

The accused must have made preparation connected with committing dacoity.

2

Intended dacoity

The preparation must relate to an intended dacoity and not merely to an unrelated lawful activity.

3

Concrete preparatory conduct

The evidence should show actual preparation rather than mere suspicion, association or vague allegations.

4

Relevant evidence

Recoveries, communications, witness statements, surveillance material and surrounding circumstances may be relevant, subject to the rules of evidence.

5

Prosecution must prove the ingredients

The court examines the evidence and circumstances to determine whether the conduct legally amounts to preparation for dacoity.

Complainant / Accused in an IPC Section 399 Case

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If You Are the Complainant

  1. Provide details of the alleged preparation and the circumstances in which it was discovered.
  2. Preserve CCTV footage, messages, documents and other relevant evidence.
  3. Identify witnesses and preserve information relating to the alleged planned dacoity.
  4. Seek appropriate legal guidance on the complaint and available evidence.
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If You Are Accused

  1. Seek legal representation promptly because the offence was cognizable and non-bailable.
  2. Examine whether the alleged conduct actually amounts to preparation for dacoity.
  3. Review the source, recovery, identification and admissibility of prosecution evidence.
  4. Preserve communications and other material relevant to the defence.

Why the Nature of Preparation Matters

Section 399 did not punish every suspicious act or mere association with other persons. The prosecution had to establish preparation for committing dacoity through legally relevant evidence.

Complaint & Process in an IPC Section 399 Case

STEP 1

Report the Alleged Preparation

Information about alleged preparation for dacoity could be reported to the police, subject to the applicable criminal procedure.

STEP 2

Investigation

The investigating agency may collect witness statements, electronic records, surveillance material, recoveries and other relevant evidence.

STEP 3

Examine the Ingredients

The evidence is examined to determine whether the accused made preparation for committing dacoity and whether the statutory requirements are satisfied.

STEP 4

Court Proceedings

If the evidence supports the charge, the matter proceeds under the applicable criminal procedure. Under the historical IPC classification, Section 399 was triable by the Court of Session.

Important Principles on IPC Section 399

Preparation

Preparation Must Be Established

Section 399 focused on preparation to commit dacoity. The prosecution had to prove concrete preparatory conduct connected with the intended offence.

Principle: Mere suspicion, presence or association should not be treated as sufficient without evidence of the required preparation.
Evidence

Surrounding Circumstances Matter

Courts may examine recoveries, communications, witness testimony and other surrounding circumstances when determining whether the alleged conduct amounted to preparation.

Principle: The evidence must be assessed as a whole and must establish the statutory ingredients to the required criminal standard.
BNS Transition

IPC 399 and BNS 310(4)

BNS Section 310(4) covers making preparation to commit dacoity under the new criminal law and prescribes rigorous imprisonment up to ten years and fine.

Principle: For conduct governed by the new criminal law, BNS Section 310(4) should be considered.

Frequently Asked Questions on IPC Section 399

What is IPC Section 399?+
IPC Section 399 dealt with making preparation to commit dacoity.
What is the punishment under IPC Section 399?+
The punishment was rigorous imprisonment for a term which may extend to ten years and fine.
Is IPC Section 399 cognizable?+
Yes. IPC Section 399 was classified as cognizable.
Is IPC Section 399 bailable?+
No. IPC Section 399 was classified as non-bailable.
Which court can try an IPC Section 399 case?+
The offence was triable by the Court of Session.
What are the essential elements of IPC Section 399?+
The main requirement was preparation for committing dacoity. The prosecution had to establish concrete preparatory conduct and its connection with the intended dacoity.
What is the BNS equivalent of IPC Section 399?+
The corresponding provision is BNS Section 310(4), which covers making preparation to commit dacoity.
Does IPC Section 399 still apply after 1 July 2024?+
For conduct governed by the new criminal laws after 1 July 2024, BNS Section 310(4) applies. IPC Section 399 remains relevant to matters governed by the earlier law, subject to applicable transition rules.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify the applicable law and facts of your case with a qualified advocate before taking any legal action.
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