Legal Provisions of Section 401 of Indian Penal Code, 1860.
Punishment for belonging to gang of thieves:
This section punishes a person who belongs to a gang of thieves or robbers. It states that whoever, at any time after the passing of this Act, shall belong to either any wandering gang or any other gang of persons associated for the purpose of habitually committing either theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
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ADVERTISEMENTS:
Like the preceding section this section also deals with persons belonging to a gang. While in the preceding section the gang is a gang of dacoits and, therefore, much more serious, under this section it is a gang of thieves or robbers. The gang must be any wandering or other gang of persons who associate themselves for the purpose of habitually committing theft or robbery.
The accused under this section must belong to such a gang. The section specifically states that such a gang is not a gang of thugs or dacoits. As in the previous section, there is no provision for simple imprisonment in this section. A gang works in unity as a concerted activity, and belonging to a gang implies much more than a casual association.
There must be a notion of continuity extending over a period of time. The group must act by way of habit in committing theft or robbery. A person habitually receiving stolen property is punishable under section 413 and not under this section as he cannot be said to ‘belong’ to a gang.
ADVERTISEMENTS:
The offence under section 401 is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.