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IPC 402

IPC Section 402 – Assembling for Purpose of Committing Dacoity | Legal Guide
Section 402 · Indian Penal Code

IPC Section 402 – Assembling for Purpose of Committing Dacoity

Section 402 of the Indian Penal Code punished assembling for the purpose of committing dacoity. The provision applied even when the dacoity had not yet been committed.

Subject: Assembly to Commit Dacoity
Punishment: Up to 10 Years + Fine
Cognizable: Yes
Bailable: No
BNS 2023 Equivalent: Section 310(5)
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Quick Answer: What Does IPC Section 402 Mean?

IPC Section 402 dealt with being one of five or more persons assembled for the purpose of committing dacoity. The punishment could extend to rigorous imprisonment for seven years and fine.

Assembly 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(5) covers the corresponding offence under the new law

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The Indian Penal Code was repealed from 1 July 2024.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.

Punishment Under IPC Section 402

IPC Section 402 prescribed rigorous imprisonment for a term which may extend to seven years, and fine.

ProvisionLegal Position
IPC Section 402Assembling for purpose of committing dacoity
PunishmentRigorous imprisonment up to 7 years and fine
Classification*Cognizable and non-bailable
Trial*Court of Session
BNS equivalentSection 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

1

Five or More Persons

The accused must be one of five or more persons who are assembled together.

2

Assembly

The persons must be assembled together, not merely connected with each other remotely or separately.

3

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.

4

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

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If You Are the Complainant

  1. Provide details of the alleged assembly 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 assembly 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 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

STEP 1

Report the Alleged Assembly

Information about alleged assembly 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 was one of five or more persons assembled for the purpose of 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 402 was triable by the Court of Session.

Important Principles on IPC Section 402

Five Persons

Minimum Number Is Five

Section 402 applies where the accused is one of five or more persons assembled for the purpose of committing dacoity.

Principle: The prosecution must establish the required number of persons and the purpose behind the assembly.
Criminal Purpose

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.

Principle: The prosecution must prove the legally required purpose through relevant evidence and surrounding circumstances.
BNS Transition

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.

Principle: For conduct governed by the new criminal law, BNS Section 310(5) should be considered.

Frequently Asked Questions on IPC Section 402

What is IPC Section 402?+
IPC Section 402 dealt with being one of five or more persons assembled for the purpose of committing dacoity.
What is the punishment under IPC Section 402?+
The punishment was rigorous imprisonment for a term which may extend to seven years and fine.
Is IPC Section 402 cognizable?+
Yes. IPC Section 402 was classified as cognizable.
Is IPC Section 402 bailable?+
No. IPC Section 402 was classified as non-bailable.
Which court can try an IPC Section 402 case?+
The offence was triable by the Court of Session.
How many persons are required under IPC Section 402?+
The provision requires the accused to be one of five or more persons assembled for the purpose of committing dacoity.
What is the BNS equivalent of IPC Section 402?+
The corresponding provision is BNS Section 310(5).
Does IPC Section 402 still apply after 1 July 2024?+
For conduct governed by the new criminal laws after 1 July 2024, BNS Section 310(5) applies. IPC Section 402 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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