What is Section 401 IPC? Punishment for belonging to gang of thieves
Published on: Lawiz Team
Learn about Section 401 IPC: Punishment for belonging to gang of thieves
Official Legal Text
Whoever belongs to any wandering or other gang of persons associated for the purpose of habitually committing theft, which gang is associated for the purpose of committing theft or robbery habitually, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 401 punishes anyone who is a member of a gang of thieves, even if they do not directly commit theft.
Purpose
To dismantle organized criminal groups involved in thefts and ensure severe punishment for their members.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The accused must be a member of a gang. 2. The gang must be involved in committing thefts. 3. It is not necessary for the accused to directly commit theft.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If a person is found to be a member of a group that regularly commits thefts, they are punishable under Section 401.
Legal Defenses
If the accused can prove that they were not a member of any gang of thieves, they may be acquitted.
Related Sections
Related to Section 400 (Gang of dacoits) and Section 379 (Theft).
Important Note
Membership in a gang of thieves is a serious offence, even without direct participation in theft.
FAQs
What does Section 401 IPC define?
Punishment for belonging to gang of thieves.
How is 'Punishment for belonging to gang of thieves' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 401 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 401?
Examples include real-life cases involving punishment for belonging to gang of thieves.
Is Section 401 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 401 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 401 significant?
It holds importance in the framework of criminal law.