313 BNS

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Introduction of 313 BNS

BNS Section 313 focuses on individuals who are members of gangs habitually involved in theft or robbery. It emphasizes the need to prevent organized criminal activities and hold accountable those who associate with such groups. The section imposes strict punishment to deter people from participating in these unlawful activities.

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The Bharatiya Nyaya Sanhita (BNS) Section 313 replaces the old Indian Penal Code (IPC) Section 381.

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What is BNS Section 313 ?

BNS Section 313 penalizes individuals who are part of a gang habitually involved in theft or robbery. The section applies to gangs not classified as dacoits but engaged in regular criminal activities like theft or robbery.

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BNS 313 in Simple Points

1. Targeted Criminal Groups
   • This section specifically addresses gangs formed to habitually commit theft or robbery.
   • The law ensures individuals who associate with such criminal groups face punishment.
2. Exclusion of Dacoity
   • This section applies only to gangs involved in theft or robbery and excludes dacoit gangs, which are covered under separate laws.
   • It differentiates between smaller-scale habitual theft and large-scale dacoity offenses.
3. Severity of Punishment
   • The law imposes rigorous imprisonment for up to seven years.
   • Additionally, the offenders are liable to pay a fine, ensuring financial penalties to deter repeated crimes.
4. Legal Classification
   • Cognizable: Police can arrest the offenders without prior approval from a magistrate.
   • Non-Bailable: Bail is not granted as a matter of right but at the discretion of the court.
   • Non-Compoundable: The case cannot be privately settled or withdrawn.
5. Trial by Magistrate of the First Class
   • Cases under this section are tried by a Magistrate of the First Class.
   • This ensures that the trial is conducted at a competent level within the judicial system.

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Section 313 BNS Overview

BNS Section 313 penalizes anyone who belongs to a gang that habitually commits theft or robbery. These gangs are not dacoits but are still criminal groups, and individuals associated with them face rigorous imprisonment and fines.

10 Key Points of BNS Section 313

1. Targeting Criminal Gangs
   • This section applies to groups formed for committing theft or robbery habitually.
   • It ensures that individuals actively participating in such groups face legal action.
   • It prevents the growth of organized crime by penalizing gang members.
2. Exclusion of Dacoity
   • The section specifically excludes gangs involved in dacoity, which are dealt with under separate laws.
   • It distinguishes between habitual theft or robbery gangs and larger, more violent dacoit gangs.
   • This ensures clarity and appropriate penalties for different types of crimes.
3. Scope of Criminal Activities
   • Members of gangs involved in regular thefts or robberies fall under this section.
   • Even if a person does not directly commit the theft or robbery, mere membership in such a gang is punishable.
   • It holds individuals accountable for their association with criminal activities.
4. Punishment Severity
   • The punishment includes rigorous imprisonment for up to seven years.
   • This long-term imprisonment acts as a deterrent to gang participation.
   • Offenders are also liable to pay fines, adding a financial penalty to the punishment.
5. Non-Bailable Offense
   • Section 313 is a non-bailable offense, meaning bail is not automatically granted.
   • The accused must convince the court to grant bail, which is not guaranteed.
   • This reflects the seriousness of the crime.
6. Cognizable Nature
   • The offense is cognizable, allowing police to arrest the accused without a magistrate’s approval.
   • This ensures quick action against gang members.
   • It allows authorities to prevent further crimes by swiftly apprehending offenders.
7. Non-Compoundable Offense
   • Cases under Section 313 are non-compoundable, meaning they cannot be privately settled.
   • This ensures the case proceeds in court and justice is served.
   • It upholds the principle that organized crime is a matter of public interest.
8. Trial by Magistrate of the First Class
   • The case is tried by a Magistrate of the First Class, ensuring a competent and fair trial.
   • This level of trial ensures adherence to proper judicial procedures.
   • It also maintains the seriousness of the legal process.
9. Preventing Organized Crime
   • This section plays a vital role in dismantling organized crime networks.
   • It targets not just the leaders but also the members of such gangs.
   • By penalizing membership, it discourages people from joining or staying in criminal groups.
10. Rehabilitation and Deterrence

• The law serves as a deterrent by imposing strict punishment on offenders.
• It also creates opportunities for rehabilitation by separating offenders from their criminal networks.
• This dual approach ensures a long-term reduction in habitual theft and robbery.

Examples of BNS Section 313

1. Example 1:
   A gang operates in a rural area, frequently stealing livestock and valuables from local households. Members of this gang can be charged under BNS Section 313.
2. Example 2:
   A group of individuals forms a gang to rob travelers on highways. Each gang member is liable for punishment under this section for their habitual criminal association.

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BNS 313 Punishment

1. Imprisonment: Rigorous imprisonment of up to seven years.
2. Fine: Additional monetary punishment as determined by the court.

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BNS 313 bailable or not ?

BNS Section 313 is non-bailable, meaning the accused cannot secure bail as a matter of right and must rely on court discretion.

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Bharatiya Nyaya Sanhita Section 313

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
313	Belonging to a gang habitually committing theft or robbery	Rigorous imprisonment for 7 years and fine	Non-Bailable	Cognizable	Magistrate of the First Class

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BNS Section 313 FAQs

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