Introduction
IPC Section 402 addresses the offense of planning to commit dacoity (violent robbery) as a group. If you are part of a group of five or more people who plan a dacoity, even if the actual robbery does not occur, you can face legal consequences under this section.
Definition of IPC 402
IPC 402 of the Indian Penal Code deals with punishment for gathering with the intention of committing a violent robbery (dacoity). In simpler terms, if you’re part of a group of five or more people planning a dacoity, even if it doesn’t happen, you can be in trouble.
What is Section 402 IPC ?
IPC Section 402 focuses on punishing individuals who are part of a gang or group associated with habitually committing specific serious offences like robbery, grievous hurt, kidnapping, abduction, extortion, or other grave crimes.

IPC Section 402
Punishment for Being a Member of a Gang of Persons Associated for Committing Offences
Definition:
- This section deals with the punishment for being a member of a gang or group of individuals associated for the purpose of habitually committing specific offences.
Offences Covered:
- The offences mentioned in this section include robbery, grievous hurt, kidnapping, abduction, extortion, and offences punishable with imprisonment for life or a term of ten years or more.
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. Gang or Group: The law refers to a collective of individuals who are associated or joined together.
b. Associated for the Purpose: The individuals must be associated with the intention or purpose of habitually committing the specified offences.
c. Habitually Committing Offences: The gang must be involved in the regular or frequent commission of the specified offences 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 harbors or conceals any member of such a gang, knowing them to be a member of the gang, they shall be punished with imprisonment of either description for a term which may extend to five 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 gang is not sufficient for conviction unless it is proven that the accused was aware of the gang’s purpose of habitually committing the specified offences and voluntarily associated with them.
- The prosecution must establish the existence of a gang, the accused’s association with it, and their knowledge of the gang’s unlawful purpose.
Legal Provisions:
- IPC Section 402 is a cognizable and non-bailable offence.
- The offence is triable by a Magistrate of the First Class.
IPC 402 Punishment
- Punishment:
- Imprisonment: Up to seven years in jail.
- Fine: An additional financial penalty may also be imposed by the court.

402 IPC bailable or not
IPC 402 is considered non-bailable. This means that someone accused of being part of a group planning to commit dacoity 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 402 FAQs
What is IPC 402?
Imagine a group of friends planning a big robbery with weapons and threats. That’s kind of what IPC 402 is about in India. It’s a law that says getting together to commit a violent robbery (called dacoity) is wrong, even if you don’t actually do it.
What’s the difference between theft and dacoity?
Theft is stealing something, but dacoity is more serious. It involves a group of people (usually five or more) using violence or threats to steal.
What happens if you get caught planning a dacoity?
The punishment for IPC 402 can be serious. You could be locked up in jail for up to seven years and might also have to pay a fine.
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