Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
IPC Section 402: Simplified Explanation
IPC Section 402 specifically targets individuals who assemble to commit dacoity. This section deals with the preparatory phase, where members of a gang gather, indicating their intent to engage in dacoity. It’s a measure to curb the threat before the actual crime is executed, acknowledging the danger posed by such gatherings to plan and potentially carry out high-impact criminal activities. The law aims to prevent the escalation of these threats by addressing the assembly itself.
Is IPC Section 402 bailable?
IPC Section 402 is non-bailable. The significant risk to public safety and security posed by groups assembling intending to commit dacoity necessitates stringent judicial control over the release of the accused.
IPC Section 402 Punishment
Under IPC Section 402, the punishment is rigorous imprisonment for a term that may extend to seven years. This penalty reflects the law’s preventive nature, aiming to dismantle and punish organized groups before they can execute their criminal plans.
Example of IPC Section 402
A real-life example of IPC Section 402 occurred when law enforcement agencies received a tip about a large gathering of known criminals in a secluded warehouse. Upon investigation, it was discovered that the individuals were members of a notorious gang and had assembled to plan a series of dacoities in nearby towns. The police found maps, weapons, and other equipment indicating their intent. Although no dacoity had yet been committed, the assembly for that purpose led to the arrest and charging of the individuals under IPC Section 402. In court, they received sentences of five years in prison each, highlighting the proactive approach of the law in addressing and preventing organized criminal activities before they result in actual harm.
