Bailabel Type : non-bailable

Description

Section 402 of the Indian Penal Code (IPC) addresses the crime of assembling or gathering a group of individuals with the intention of committing dacoity. Dacoity refers to a violent robbery involving a group of individuals, typically armed, who carry out an unlawful act with the purpose of stealing property from another person, often by force.

Description:

1. Assembling for Dacoity:

   • Section 402 specifically penalizes the act of assembling or gathering together in a group with the intention of committing dacoity.
   • It does not matter whether the dacoity is actually committed or not; the mere intention and assembly for that purpose is punishable under this section.

2. Purpose of Committing Dacoity:

   • The group of individuals must have gathered with the intent to commit dacoity. This can involve a planned robbery, typically involving force, threat, or violence.
   • If a group assembles with a different intent, such as a peaceful gathering, it will not fall under this section.

3. Examples:

   • A group of people gathering at a specific location, armed and with the clear intention of committing a robbery or theft by force (dacoity).
   • A gang of individuals planning to break into a house or store, with the intention to rob by violence.

Punishment

Imprisonment:

• The punishment for assembling for the purpose of committing dacoity under Section 402 is rigorous imprisonment for a term that may extend up to 7 years.

Fine:

• The court may also impose a fine upon the accused in addition to imprisonment.

Both:

• The court may impose both imprisonment and fine, depending on the severity of the case and the circumstances surrounding the assembly.