IPC Section 401: Punishment for belonging to gang of thieves

Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

IPC Section 401: Simplified Explanation

IPC Section 401 addresses the offence of belonging to a gang of persons associated with committing theft. This section targets individuals who are part of organized groups whose primary aim is to engage in theft, emphasizing the collective threat such gangs pose to public safety and security. The law recognizes the enhanced danger and potential for repeated criminal activities from organized groups, similar to those involved in dacoity, but specifically focused on theft. 

Is IPC Section 401 bailable? 

IPC Section 401 is non-bailable. The organized and ongoing threat represented by gangs focused on theft necessitates careful judicial oversight before any release of the accused due to the potential for continued criminal activity and the safety of the public. 

IPC Section 401 punishment 

Under IPC Section 401, the punishment is rigorous imprisonment for a term that may extend to seven years. This reflects the severity of being part of an organized criminal group that focuses on high-impact crimes like theft. 

Example of IPC Section 401 

A real-life example of IPC Section 401 involved the arrest of a gang called “The Shadow Thieves,” specialising in night time burglaries in residential areas. The gang had a systematic approach, with members responsible for surveillance, breaking, and transporting stolen goods. Their operations had led to significant losses in several neighbourhoods. Intelligence and surveillance operations by the police led to the capture of key gang members. Despite not all members being caught in the act at the time of their arrest, their established roles and the organized nature of their activities led to charges under IPC Section 401. They were sentenced to seven years in court, demonstrating the stringent measures against organized theft groups.

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