Updated on March 12, 2025 10:13:56 AM
Dacoity, which was previously described under Section 310 BNS, rakes in all these sections, including Sections 391, 395, 396, 397, 399, 402, and 412 of the Indian Penal Code. It is a very serious crime for which there is a sentence of life imprisonment for the accused. Section 310 describes an elaborate law, involving all the issues and levels of this crime and the decision process that comes afterward. In theft under criminal law, a person remains an accused unless it's proven, and under provisions for bail, finally it is on his discretion whether to go for a bail and wait for trial.
This article also discusses in great detail the legal pros and cons of dacoity, penalties, amount of fine, and bails which could prove quite helpful for anyone dealing with such laws.
Contact Litem Legalis for professional assistance in every step of the criminal law process.
Here, is an overview of Section 310 of BNS given below:
| Offence | Decoity |
|---|---|
| Section under BNS | Section 310 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for life or 10 or Fine or Both |
| Triable | Any Magistrate |
Section 310 of BNS clearly defines that -“When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity”.
There are a number of offences relating to dacoity outlined in the criminal code. Those who commit dacoity face life imprisonment or up to ten years of rigorous imprisonment, as well as fines. In cases where murder occurs during dacoity by a group of five or more individuals, the death penalty, life imprisonment, or a minimum of ten years of rigorous imprisonment is mandated, along with fines. Those preparing for dacoity can be sentenced to rigorous imprisonment for up to ten years, while individuals assembled for dacoity may face up to seven years of rigorous imprisonment and fines. Members of habitual dacoity gangs may incur life imprisonment, ten years of rigorous imprisonment, and fines.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
Upon receipt of the application for bail, the court issues a notice to the prosecution to present its arguments, if any. The judge, while hearing the bail, will take into account the nature and seriousness of the crime, the likelihood of further commission of the crime while on bail, and the strength of the evidence in the case. All this is done to let the parties hear their say before the court provides its final order in this regard.
In the event an application is needed to get legal advice, the legal counsel can, therefore, present arguments in the court on your behalf for grant of bail. The court takes into account the gravity of the offense, the evidence the prosecution has with the accused, and the character of the accused in regards to the interests of the public. When bail is granted, the accused can get released on several climes such as passing of bond payable, frequent police visits, prohibition to travel. Proper legal representation ensures that that whole process goes with strict adherence to all protocols as per the law.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Section 310 of the BNS, which addresses dacoity in criminal law, imposes harsh punishments ranging from life imprisonment to death, depending on the nature of the act. The rule further highlights the criminality of premeditated conduct and frequent contact with dacoity groups. While the law emphasizes harsh punishment, it is critical to provide a fair and reasonable judicial procedure, including bail considerations where necessary. Striking a balance between punishment and due process is critical in ensuring justice under Section 310 of the BNS.
In legal terms, bail refers to the process of obtaining the release from custody of an individual who is awaiting trial or an appeal by depositing security to guarantee his timely submission to the appropriate authorities.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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