BNS Section 313: Punishment For Belonging To Gang Of Robbers, Etc

Definition of BNS Section 313

Section 313 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation and Illustration of Section 313

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of joining criminal gangs. Let us break down the section to get a better understanding of it.

• Offence

  This section deals with persons who are members of a criminal gang. A person may not have directly committed a crime or taken part in any criminal activity. But willingly associating with groups of persons whose primary intent for coming together is to commit crimes is also a crime, wherein the person is not only ignoring his duty of reporting the planning and commission of such activities but also actively encouraging them by joining their group.
  
  So whether a person has directly committed or participated in a crime or not, if he or she is known to be an associate or have participated in any activity with a group of people who are known to habitually commit theft or robbery, shall be considered an offender under the provisions of this section.

• Punishment

  Any person found to be an associate of a gang of habitual thieves or robbers shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

• The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

• Illustration

  X is invited by Y to become part of his group of friends. On being introduced, X understands that the members of this group get together and plan robberies. Despite this, X continues to associate with them and was found to be present in several instances where robberies were being planned. X is an offender under the provisions of Section 313.

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