Section 313 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 313 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 Section 313 – Punishment for Belonging to Gang of Robbers or Thieves (Non‑Dacoits)
Offence Defined:
If a person belongs to a gang whose members are habitually engaged in committing theft or robbery, and the gang does not qualify as a “gang of dacoits,” that individual commits an offence under this section
⚖️ Punishment
Imprisonment: Rigorous imprisonment for up to 7 years
Fine: Mandatory, at the court’s discretion
🛡️ Legal Classification
Cognizable: ✅ Yes – police can arrest without a warrant
Bailable: Likely bailable, as is typical for Chapter XVII offences
Triable By: First‑Class Magistrate, consistent with similar provisions
🔎 Key Features
“Gang” implies a criminal group habitually committing offences.
This section explicitly covers the act of membership, regardless of whether the member personally partook in any specific theft or robbery.
The gang is distinct from dacoit gangs (i.e., groups of five or more committing dacoity), which are covered under other sections like 310 BNS.
🧭 Context & Implications
The offence is placed in Chapter XVII: Offences Against Property, alongside robbery, dacoity, and related crimes.
By criminalizing mere association with habitual offenders, this section aims to pre-empt organized property crime.
Comparatively, under the old IPC such conduct might be pursued via conspiratorial statutes, but BNS offers a straightforward standalone provision.
✅ Summary Table
| Aspect | Details |
|---|---|
| Offence | Membership in gang committing theft/robbery (non‑dacoits) |
| Imprisonment | Up to 7 years rigorous |
| Fine | Mandatory |
| Cognizable | Yes |
| Bailable | Yes (likely) |
| Triable by | First‑Class Magistrate |
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