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The Indian Penal Code was repealed from 1 July 2024.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.
Legal Provision – Text of Section 399 IPC
Section 399 made preparation for 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 399
IPC Section 399 prescribed rigorous imprisonment for a term which may extend to ten years, and fine.
| Provision | Legal Position |
|---|---|
| IPC Section 399 | Making preparation to commit dacoity |
| Punishment | Rigorous imprisonment up to 10 years and fine |
| Classification* | Cognizable and non-bailable |
| Trial* | Court of Session |
| BNS equivalent | Section 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 The IPC was repealed from 1 July 2024, subject to applicable saving and transition provisions.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
Preparation for dacoity
The accused must have made preparation connected with committing dacoity.
Intended dacoity
The preparation must relate to an intended dacoity and not merely to an unrelated lawful activity.
Concrete preparatory conduct
The evidence should show actual preparation rather than mere suspicion, association or vague allegations.
Relevant evidence
Recoveries, communications, witness statements, surveillance material and surrounding circumstances may be relevant, subject to the rules of evidence.
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
If You Are the Complainant
- Provide details of the alleged preparation 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 preparation 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 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
Report the Alleged Preparation
Information about alleged preparation 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 made preparation for 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 399 was triable by the Court of Session.
Important Principles on IPC Section 399
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.
Surrounding Circumstances Matter
Courts may examine recoveries, communications, witness testimony and other surrounding circumstances when determining whether the alleged conduct amounted to preparation.
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.
Frequently Asked Questions on IPC Section 399
Get Clarity on Your IPC Section 399 Matter
Speak to an experienced criminal lawyer for guidance on preparation for dacoity, evidence, procedure and the applicable law.