IPC Section 398 deals with attempting to commit robbery or dacoity while carrying a deadly weapon. Even if the robbery or dacoity is not completed, the law imposes strict punishment when the offender is armed during the attempt. The punishment is imprisonment for not less than 7 years.
Detailed Explanation
IPC Section 398 was part of the Indian Penal Code, 1860 and addressed serious offences involving an attempted robbery or attempted dacoity where the accused carried a deadly weapon.
The law focuses on the danger created by the armed attempt itself. The offence may apply even when no property is actually taken.
Under criminal law:
- Robbery generally involves theft or extortion with force, fear, or violence.
- Dacoity refers to robbery committed or attempted by five or more persons acting together.
For IPC Section 398 to apply, these elements are generally examined:
- There was an attempt to commit robbery or dacoity.
- The accused was armed at that time.
- The weapon was capable of causing serious injury or death.
The prosecution does not necessarily need to prove that the weapon was actually used. Being armed during the attempt itself becomes legally significant under this section.
Example
Suppose two persons enter a jewellery shop carrying a loaded pistol and threaten staff but are caught before taking anything.
Even though no property was stolen, IPC Section 398 may apply because there was an attempt and the offenders were armed with a deadly weapon.
Important Features of IPC Section 398
| Point | Explanation |
|---|---|
| Offence | Attempt to commit robbery or dacoity when armed with deadly weapon |
| Punishment | Imprisonment not less than 7 years |
| Nature of Offence | Cognizable |
| Bail | Non-bailable |
| Trial Court | Court of Session |
| Requirement | Attempt + possession of deadly weapon |
IPC Section 398 vs IPC Section 393
People often confuse IPC Section 398 with IPC Section 393.
| Section | Situation |
|---|---|
| IPC Section 393 | Attempt to commit robbery |
| IPC Section 398 | Attempt to commit robbery or dacoity while armed with deadly weapon |
IPC Section 398 carries stricter consequences because of the increased risk to public safety.
Key Points / Important Facts
- IPC Section 398 applied even if robbery or dacoity was not completed.
- Carrying a deadly weapon during the attempt is the key factor.
- Actual injury is not necessary for this section to apply.
- The punishment starts from 7 years and courts cannot impose a lower sentence under normal circumstances.
- The offence is treated as serious because of the threat of violence.
- Investigation usually relies on witness statements, recovery of weapons, CCTV footage, and surrounding circumstances.
Legal Provision or Section
Act: Indian Penal Code, 1860
Section: IPC Section 398 – Attempt to commit robbery or dacoity when armed with deadly weapon.
Legal text of the provision states that where a person attempts robbery or dacoity while armed with a deadly weapon, punishment shall not be less than seven years.
Current Legal Status
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024.
The subject covered under IPC Section 398 is now substantially reflected under Section 312 of the Bharatiya Nyaya Sanhita (BNS), 2023, with no major change in the core legal principle and punishment structure.
Conclusion
IPC Section 398 punished attempts to commit robbery or dacoity where the offender was armed with a deadly weapon. The law treated such conduct seriously because the risk of violence existed even before the crime was completed. After the introduction of BNS, new cases are generally registered under Section 312 BNS, but understanding IPC Section 398 remains important for legal awareness and competitive exams.
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.