313 BNS : Punishment for belonging to gang of robbers, dacoits, etc.

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Introduction of 313 BNS

313 BNS deals with the punishment for individuals belonging to gangs habitually engaged in theft or robbery. Unlike dacoity, which involves five or more members, this section covers smaller gangs and habitual offenders who repeatedly associate with such groups. The law imposes strict imprisonment and fines to curb organized criminal activities, ensuring public safety and discouraging gang-based offenses.

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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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Under Section 313 of the bns act 2023

“Whoever belongs to a gang habitually committing theft or robbery (other than a gang of dacoits), shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.”

1. Meaning of Belonging to a Gang

This section punishes people who are part of gangs regularly committing theft or robbery.

• A gang means a group of persons who unite with the common purpose of committing thefts or robberies.
• It is not necessary that the person commits theft himself; mere membership or habitual association with such a gang is enough for punishment.
• This section excludes dacoity gangs (which require 5 or more persons and are covered under BNS Section 310).

2. Who is Covered?

This section applies to:

• Gang Members → Any person who regularly participates in a gang committing theft or robbery.
• Supporters → Persons who don’t steal directly but provide help, shelter, or protection to such gangs.
• Habitual Offenders → Individuals who repeatedly associate with gangs and share in their unlawful activities.
• Non-dacoit gangs → Smaller groups (less than 5 members) who habitually commit theft or robbery.

3. Nature of the Offense

• Cognizable → Police can arrest without a warrant and start investigation immediately.
• Non-Bailable → Accused cannot claim bail as a right; bail is only granted by the court at its discretion.
• Non-Compoundable → Cannot be settled privately between parties; trial is mandatory.
• Triable By → Magistrate of the First Class.

4. Examples of BNS Section 313

Example 1 – Highway Gang
A gang of four persons frequently robs travelers on highways at night. Even if one member did not personally rob someone, his membership in the gang makes him punishable under BNS 313.

Example 2 – Urban Theft Group
A group in a city habitually steals from shops and homes. All members, including lookouts and helpers, are guilty under this section.

Example 3 – Habitual Association
X does not personally commit robbery but regularly shelters and assists a gang known for theft. His association makes him guilty under this section.

5. Punishment under BNS Section 313

• Imprisonment → Rigorous imprisonment up to 7 years.
• Fine → Additional monetary fine as decided by the court.
• Court’s Discretion → Both imprisonment and fine may be imposed depending on the seriousness of the offense.

6. Importance of BNS Section 313

• Prevents organized crime networks by punishing entire gangs, not just individual thieves.
• Protects society from habitual offenders who repeatedly commit theft or robbery.
• Acts as a deterrent, discouraging people from joining or supporting such gangs.
• Strengthens law enforcement by allowing police to target criminal groups at the root level.

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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 point means the law is aimed at groups that form specifically to steal or rob again and again. Such gangs plan, meet, or act together with the common purpose of committing thefts or robberies on a regular basis. The law does not only punish the person who takes the goods; it reaches everyone who makes the gang possible — those who plan, help, finance, or otherwise support the unlawful activities. By naming the gang itself as the target, the law makes it easier for police and courts to break up organized patterns of crime instead of treating each theft as an isolated act. In short, the section focuses on groups that make crime habitual and therefore dangerous for communities.

2. Exclusion of Dacoity

Section 313 deliberately excludes gangs that commit dacoity because dacoity is treated under different, often stricter, rules. The word “dacoity” traditionally refers to larger, more violent group attacks or raids that often use serious weapons and cause great fear and damage. By separating these two types of groups, the law keeps things clear: smaller habitual theft/robbery gangs are handled under Section 313, while the most violent, large-scale gangs are handled under the dacoity provisions. This separation helps courts apply the right punishments and lets investigators use procedures that fit the seriousness of each kind of group.

3. Scope of Criminal Activities

This point explains who becomes liable under the section: not only those who actually carry out the theft or robbery, but also people who belong to the gang even if they didn’t personally steal on a specific occasion. A member who supplies tools, watches for police, gives shelter, or otherwise helps the gang can be punished because their association furthers the gang’s criminal business. The section therefore treats membership itself as a criminal act when the gang’s habit is to commit theft or robbery. This discourages people from joining such groups or from remaining silent about their activities.

4. Punishment Severity

The punishment under this section is serious: it can be rigorous imprisonment for up to seven years, and the offender can also be fined. “Rigorous” means the sentence includes hard labour or strict imprisonment conditions in jurisdictions that use that terminology. The length and type of punishment are intended to make gang membership unattractive and to punish those who contribute to ongoing criminal enterprises. Courts will look at the person’s role in the gang, prior record, and the frequency of offences when deciding the exact punishment within the permitted range.

5. Non-Bailable Offense

Being non-bailable means a person accused under this section does not have an automatic right to bail. The accused must ask the court and persuade the judge that bail should be allowed, which courts grant only in exceptional circumstances. The reason for this strictness is public safety: since gang members may continue criminal activities, threaten witnesses, or flee, keeping them in custody during investigation protects the public and the legal process. This rule also gives investigators time to trace the gang’s network and collect evidence.

6. Cognizable Nature

Because this is a cognizable offense, police can arrest suspected gang members without first getting permission from a magistrate. This power allows the police to act quickly when there is reasonable suspicion of gang activity, preventing members from escaping, hiding evidence, or planning further crimes. Cognizable status helps in urgent situations where delay could cause more thefts or put people at risk. It also enables faster police searches and investigations when coordinated criminal activity is suspected.

7. Non-Compoundable Offense

The non-compoundable nature of the offense means the victim cannot privately settle the matter with the accused and then ask the court to drop the case. Even if a victim forgives a member or accepts money, the state will still continue the prosecution. That is because habitual gang crime is considered an attack on public order, not just a private loss. This prevents powerful gangs from buying off victims and escaping punishment, and ensures that the law, not private compromise, decides the outcome.

8. Trial by Magistrate of the First Class

Cases under this section are generally tried by a Magistrate of the First Class. That level of magistrate is chosen because these matters require formal judicial procedure and experienced handling of evidence, witness testimony, and legal arguments. The First Class Magistrate has the authority to manage the trial, issue warrants, and deal with preliminary legal questions properly. Trying these cases at this level helps ensure due process and that the accused receive a fair hearing while keeping the proceedings efficient and suitably formal.

9. Preventing Organized Crime

One of the main goals of Section 313 is to break down organized crime before it grows worse. By making mere membership punishable, the law discourages recruitment and removes the protection that a criminal network gives to individual offenders. This disrupts gang structures, reduces repeated offences, and lowers the risk of escalation into more violent crimes. The measure supports police work aimed at dismantling networks rather than just catching lone thieves one by one. Over time, it helps reduce the cycle where gangs train and normalize criminal behavior in a community.

10. Rehabilitation and Deterrence

Finally, the law is both deterrent and corrective. The threat of a long prison term and a fine deters people from joining gangs in the first place. At the same time, removing a person from the gang environment gives opportunities for reform — for example, through prison-based education, vocational training, or counselling programs (where available). Separating members from their criminal group reduces peer pressure and the chance of re-offending. In this way the provision aims not only to punish but also to reduce future crime by making it harder for gangs to survive and recruit.

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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Comparison table for BNS Section 313 vs IPC Section 401

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BNS Section 313 FAQs

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Conclusion

BNS Section 313 is a powerful legal tool to combat organized criminal activities involving theft and robbery. By punishing not only the offenders but also those who habitually associate with such gangs, the law ensures accountability and discourages habitual crime. With provisions for rigorous imprisonment of up to seven years and fines, this section strengthens public safety and deters the growth of criminal networks in society.

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