IPC Sections 393 to 396: Attempted Robbery, Hurt, Dacoity and Dacoity with Murder
Sections 393 to 396 of the Indian Penal Code, 1860 prescribe punishment for attempt to commit robbery, voluntarily causing hurt while committing or attempting robbery, dacoity, and dacoity in which murder is committed. These provisions build upon the definitions of robbery and dacoity in Sections 390 and 391 IPC.
Related Definitions: Robbery and Dacoity
Section 390 IPC provides that in all robbery there is either theft or extortion. Theft becomes robbery, and extortion becomes robbery, when the additional statutory requirements concerning violence, wrongful restraint or fear of instant harm are satisfied.
Under Section 391 IPC, when five or more persons conjointly commit or attempt to commit robbery, or when the persons committing or attempting it together with persons present and aiding them total five or more, every such person commits dacoity.
Section 393 IPC - Attempt to Commit Robbery
Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Essential Points
- The provision applies to an attempt to commit robbery.
- Completion of the robbery is not required for liability under Section 393.
- The punishment is rigorous imprisonment up to seven years and fine.
Section 394 IPC - Voluntarily Causing Hurt in Committing Robbery
If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, that person and every other person jointly concerned in committing or attempting to commit the robbery shall be punished with imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
The expression "imprisonment for life" was substituted by Act 26 of 1955, Section 117 and the Schedule, for the former expression "transportation for life", with effect from 1 January 1956.
Meaning of Hurt
Section 319 IPC provides that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. Section 394 specifically requires hurt to be caused voluntarily in the course of committing or attempting to commit robbery.
Joint Liability Under Section 394
The text of Section 394 is significant because its punishment extends not only to the person who voluntarily causes hurt but also to another person jointly concerned in committing or attempting to commit that robbery.
Section 395 IPC - Punishment for Dacoity
Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Here also, "imprisonment for life" reflects the substitution made by Act 26 of 1955 for the former expression "transportation for life".
Section 396 IPC - Dacoity with Murder
If any one of five or more persons who are conjointly committing dacoity commits murder while so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
The statutory text therefore addresses the group of persons conjointly committing dacoity where one of them commits murder in the course of that dacoity. The reference to imprisonment for life incorporates the 1955 substitution for transportation for life.
Sections 393 to 396 IPC at a Glance
| Section | Offence | Punishment |
|---|---|---|
| 393 | Attempt to commit robbery | Rigorous imprisonment up to 7 years and fine |
| 394 | Voluntarily causing hurt in committing or attempting robbery | Imprisonment for life, or rigorous imprisonment up to 10 years, and fine |
| 395 | Dacoity | Imprisonment for life, or rigorous imprisonment up to 10 years, and fine |
| 396 | Dacoity with murder | Death, imprisonment for life, or rigorous imprisonment up to 10 years, and fine |
Difference Between Sections 393 and 394 IPC
Section 393 punishes an attempt to commit robbery. Section 394 applies where hurt is voluntarily caused while committing or attempting to commit robbery and expressly extends the prescribed liability to other persons jointly concerned in that robbery or attempt.
Difference Between Sections 395 and 396 IPC
Section 395 provides the general punishment for dacoity. Section 396 deals with the aggravated situation in which murder is committed by any one of the five or more persons conjointly committing dacoity and prescribes the punishment stated in that section for every one of those persons.
Pre-BNSS Criminal Procedure Position
Under the First Schedule to the Code of Criminal Procedure, 1973, offences under Sections 393, 394, 395 and 396 IPC were cognizable and non-bailable. Section 393 was triable by a Magistrate of the first class, while Sections 394, 395 and 396 were triable by the Court of Session.
Related Robbery and Dacoity Provisions
The surrounding IPC provisions deal with the definitions and punishment of robbery, aggravated robbery or dacoity involving deadly weapons or attempts to cause death or grievous hurt, preparation for dacoity, gangs of dacoits or thieves, and assembling for the purpose of committing dacoity.
This article is a general summary of the pre-BNS statutory framework. The exact provision applicable depends on the allegations, date of conduct, evidence and procedural law governing the case.