Code: Section 313 BNS
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 of Section 313 BNS
Section 313 BNS focuses on punishing individuals who are part of a gang engaged in the habitual commission of theft or robbery, but not dacoity. This section targets the organizational aspect of crimes, aiming to dismantle criminal networks by holding members accountable, even if they are not the main perpetrators.
It’s important to note that this section excludes gangs involved in dacoity, which are dealt with under specific provisions related to dacoity crimes.
Illustrations
Example 1: Member of a Robbery Gang
A is a member of a gang known for regularly robbing banks. A has never physically committed a robbery but actively supports the gang’s activities. A can be punished under Section 313.
Example 2: Involvement in Theft Gang
B is part of a gang that habitually commits theft in residential areas. Even though B only acts as a lookout, B is still liable for punishment under Section 313.
Example 3: No Direct Participation in Crime
C belongs to a gang that commits robberies, but C has never participated in any crime. If it’s proven that C was involved in planning, facilitating, or supporting the gang’s activities, C could be punished under Section 313.
Example 4: Dacoity Gang Member
D is part of a gang involved in dacoity. Section 313 does not apply to D. Instead, D would face charges under laws related to dacoity.
Common Questions and Answers on Section 313 BNS
1. What constitutes a ‘gang of persons’ under Section 313?
- Answer: A gang refers to a group of two or more people who habitually work together to commit crimes like theft or robbery.
2. Does Section 313 apply if I’ve never committed a crime?
- Answer: Yes, if you are a member of a gang that habitually commits crimes, you can still be punished, even if you’ve never directly committed the theft or robbery.
3. Is this section applicable to organized crime syndicates?
- Answer: Yes, organized crime groups involved in theft or robbery can be prosecuted under this section, provided they do not engage in dacoity.
4. What is the punishment for belonging to a gang?
- Answer: The punishment includes rigorous imprisonment for up to seven years and a fine.
5. Does Section 313 apply to gang members of dacoity?
- Answer: No. Dacoity gangs are dealt with under specific dacoity-related sections in the BNS.
Conclusion
Section 313 BNS is a crucial provision aimed at dismantling criminal networks involved in habitual theft or robbery. It ensures that even those who support or facilitate crimes are held accountable, promoting a stronger deterrent against organized crime.
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