Indian Penal Code, 1860
Section 401
repealedPunishment 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.
Why this exists
This section, like the dacoity-gang provision before it, punishes membership in an organised gang whose purpose is repeatedly committing theft or robbery, but at a somewhat lower level of severity than gangs formed for dacoity, since it does not require the scale of five or more people acting together in each incident. It reflects historical colonial-era concern with wandering criminal groups who moved between areas committing theft and robbery as a way of life. A comparable provision addressing organised, habitual theft or robbery gangs continues under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code in 2024.