IPC 401 → BNS 313: Gang of Thieves

Quick Summary: IPC 401 vs BNS 313

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 401 (Gang of Thieves) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering gang of thieves as BNS 313.

What did IPC 401 cover?

IPC 401 dealt with gang of thieves — punishment for belonging to gang of thieves. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 313: What changed in the new law?

Merged into Dacoity section. From 1 July 2024, new complaints relating to gang of thieves are filed under BNS Section 313, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 313

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For gang of thieves, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 313 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new gang of thieves FIR cites BNS 313.
• Law students & citizens: With gang of thieves, value, the manner of taking and any force used determine which property offence applies and how serious it is.