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Section 313: Belonging to a Wandering Gang of Persons Associated for Committing Thefts

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 401 IPC
Section 312 All 358 Sections of Bharatiya Nyaya Sanhita Section 314

Legal Commentary & Landmark Judgments: Section 313

Section 313 penalises belonging to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery.

  • Association with Gang: Membership in a habitual gang or group of persons.
  • Habitual Criminal Object: Associated specifically for the purpose of habitually committing theft or robbery.
  • Absence of Dacoity Aggravation: Distinguished from dacoity gangs by the scale and habitual itinerant nature of operations.
Key Landmark Precedents:
  • Lallu Manjhi v. State of Jharkhand (2003) 2 SCC 401: The Supreme Court held that proving membership in a criminal gang requires evidence of persistent association and habitual involvement in property offences.
  • State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed that isolated casual association is insufficient; there must be continuous criminal enterprise.
Courtroom Practice & Strategic Litigation Guidance:

Prosecution must present charge sheets and conviction records in multiple previous theft cases to prove habitual association. Defence should demonstrate legitimate itinerant employment (nomadic traders, seasonal labourers).

Section 312 All 358 Sections of Bharatiya Nyaya Sanhita Section 314