Bharatiya Nyaya Sanhita, 2023
Section 313
Punishment for belonging to gang of robbers, etc
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. Of criminal misappropriation of property
Why this exists
This section punishes organised, habitual criminal activity through gang membership itself, not just individual acts of theft or robbery, recognising that gangs specialising in repeated property crime pose an ongoing threat that individual-offence prosecution alone doesn't fully address.
Common misconceptions
- Myth: You can only be punished under this section if you personally committed a specific theft or robbery the gang carried out.
Fact: This section punishes belonging to a habitual theft-or-robbery gang itself, separate from proof of any specific individual offence.