What is IPC Section 402?
IPC Section 402 dealt with being one of five or more persons assembled for the purpose of committing dacoity. The provision applied even if the dacoity itself was not ultimately committed.
The prosecution had to establish assembly 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 402
For example, where five or more persons assemble with the purpose of committing a planned dacoity and the evidence establishes that purpose, Section 402 could apply even before the 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The Indian Penal Code was repealed from 1 July 2024.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(5), which covers being one of five or more persons assembled for the purpose of committing dacoity.
Legal Provision – Text of Section 402 IPC
Section 402 made being one of five or more persons assembled for the purpose of committing dacoity a separate punishable offence. The law did not require the dacoity to be completed before this provision could apply.
Punishment Under IPC Section 402
IPC Section 402 prescribed rigorous imprisonment for a term which may extend to seven years, and fine.
| Provision | Legal Position |
|---|---|
| IPC Section 402 | Assembling for purpose of committing dacoity |
| Punishment | Rigorous imprisonment up to 7 years and fine |
| Classification* | Cognizable and non-bailable |
| Trial* | Court of Session |
| BNS equivalent | Section 310(5): assembling for the purpose of committing 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 The IPC was repealed from 1 July 2024, subject to applicable saving and transition provisions.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 402
Five or More Persons
The accused must be one of five or more persons who are assembled together.
Assembly
The persons must be assembled together, not merely connected with each other remotely or separately.
Purpose of Committing Dacoity
The assembly must be for the purpose of committing dacoity. The prosecution must establish the required criminal purpose from the facts and evidence.
Knowledge and Circumstances
The surrounding circumstances, conduct, recoveries and other evidence may be examined to determine the purpose of the assembly.
Complainant / Accused in an IPC Section 402 Case
If You Are the Complainant
- Provide details of the alleged assembly and the circumstances in which it was discovered.
- Preserve CCTV footage, messages, documents and other relevant evidence.
- Identify witnesses and preserve information relating to the alleged planned dacoity.
- Seek appropriate legal guidance on the complaint and available evidence.
If You Are Accused
- Seek legal representation promptly because the offence was cognizable and non-bailable.
- Examine whether the alleged conduct actually amounts to assembly for dacoity.
- Review the source, recovery, identification and admissibility of prosecution evidence.
- Preserve communications and other material relevant to the defence.
Why the Nature of Assembly Matters
Section 402 did not punish every suspicious act or mere association with other persons. The prosecution had to establish assembling for committing dacoity through legally relevant evidence.
Complaint & Process in an IPC Section 402 Case
Report the Alleged Assembly
Information about alleged assembly for dacoity could be reported to the police, subject to the applicable criminal procedure.
Investigation
The investigating agency may collect witness statements, electronic records, surveillance material, recoveries and other relevant evidence.
Examine the Ingredients
The evidence is examined to determine whether the accused was one of five or more persons assembled for the purpose of committing dacoity and whether the statutory requirements are satisfied.
Court Proceedings
If the evidence supports the charge, the matter proceeds under the applicable criminal procedure. Under the historical IPC classification, Section 402 was triable by the Court of Session.
Important Principles on IPC Section 402
Minimum Number Is Five
Section 402 applies where the accused is one of five or more persons assembled for the purpose of committing dacoity.
Purpose of the Assembly Matters
Mere presence in a group is not by itself enough. The evidence must connect the assembly with the purpose of committing dacoity.
IPC 402 and BNS 310(5)
BNS Section 310(5) covers being one of five or more persons assembled for the purpose of committing dacoity under the new criminal law.
Frequently Asked Questions on IPC Section 402
Get Clarity on Your IPC Section 402 Matter
Speak to an experienced criminal lawyer for guidance on assembly for dacoity, evidence, procedure and the applicable law.