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Introduction

IPC Section 401 addresses a serious offense called Criminal Breach of Trust. This happens when someone is given something valuable to take care of, like money or belongings, but they use it dishonestly for themselves or others. This section of the law aims to protect people who trust others with their things, making sure those who break that trust are held accountable.



Definition of IPC 401

This section addresses the offense of Criminal Breach of Trust, which occurs when someone entrusted with property dishonestly misappropriates or converts that property for their own use or for someone else’s use, violating the trust placed in them


What is Section 401 IPC ?

Imagine a group of friends who keep stealing things together. That’s kind of what IPC 401 is about.

  • This is a law in India that says it’s wrong to be part of a group that steals things from people a lot.
  • It doesn’t apply to someone stealing by themselves, just groups who make a habit of it.
  • If you’re caught in one of these stealing groups, you could be in big trouble and go to jail for up to 7 years!
IPC Section 401
Understanding IPC 401

IPC Section 401

The Indian Penal Code (IPC) Section 401 deals with the offence of “Punishment for Belonging to a Wandering Gang of Persons Associated for the Purpose of Habitually Committing Thefts.” Here’s a detailed explanation of IPC Section 401 in a point-wise manner:

Definition:

  • This section criminalizes the act of being a member of a wandering gang or group of individuals who are associated for the purpose of habitually committing thefts.

Punishment:

  • Any person found guilty under this section shall be punished with rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine.

Key Elements:
a. Wandering Gang: The law refers to a group of individuals who move from place to place, without a fixed abode or residence.
b. Associated for the Purpose: The individuals must be associated or joined together with the intention or purpose of habitually committing thefts.
c. Habitually Committing Thefts: The gang must be involved in the regular or frequent commission of thefts as a habit or practice.

Intention:

  • The prosecution must prove that the accused was aware of the unlawful purpose or intention of the gang and voluntarily joined or remained associated with it.

Punishment for Harboring or Concealing Members:

  • If any person who harbors or conceals any member of such a wandering gang, knowing them to be a member of the gang, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

Exceptions:

  • The law provides an exception for children under the age of 16 years, who cannot be punished under this section if they are found to be a member of such a gang.

Evidentiary Considerations:

  • Mere association with a wandering gang is not sufficient for conviction unless it is proven that the accused was aware of the gang’s purpose of habitually committing thefts and voluntarily associated with them.
  • The prosecution must establish the existence of a wandering gang, the accused’s association with it, and their knowledge of the gang’s unlawful purpose.

Legal Provisions:

  • IPC Section 401 is a cognizable and non-bailable offence.
  • The offence is triable by a Magistrate of the First Class.

IPC 401 Punishment

Punishment:

  • Imprisonment: Up to 7 years in jail.
  • Fine: An additional financial penalty may also be imposed.
IPC 401 Penalty
IPC Section 401 Punishment

401 IPC bailable or not

IPC Section 401 is not bailable. This means that a person accused of being part of a gang of thieves generally cannot be released on bail by a police officer or a lower court. Their bail application would need to be heard by a higher court, typically a Magistrate of the First Class.


IPC 401 FAQs

What is IPC 401?

IPC 401 is a law in India that deals with people who belong to gangs that make a habit of stealing or robbing. Think of it like a group of friends who keep stealing things together. This law says it’s wrong to be part of such a group.

What happens if you get caught in IPC 401 ?

Does it apply to someone stealing alone?


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