IPC Sections 397, 398 and 399: Armed Robbery, Dacoity and Preparation for Dacoity

Sections 397, 398 and 399 of the Indian Penal Code, 1860 deal with aggravated robbery or dacoity involving a deadly weapon, grievous hurt or an attempt to cause death or grievous hurt, an armed attempt to commit robbery or dacoity, and preparation to commit dacoity.

Legal position covered: This article explains the IPC and Code of Criminal Procedure, 1973 position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. For earlier conduct, the date of the alleged offence and applicable repeal and savings provisions remain relevant.

Section 397 IPC - Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

Essential Ingredients of Section 397 IPC

Robbery or dacoity must be in the course of being committed.
The offender must use a deadly weapon, cause grievous hurt, or attempt to cause death or grievous hurt.
The section prescribes a minimum imprisonment of seven years for such offender.

Section 398 IPC - Attempt to Commit Robbery or Dacoity When Armed with Deadly Weapon

If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

Essential Ingredients of Section 398 IPC

There must be an attempt to commit robbery or dacoity.
At the time of the attempt, the offender must be armed with a deadly weapon.
The prescribed imprisonment shall not be less than seven years.

Section 399 IPC - Making Preparation to Commit Dacoity

Whoever makes any preparation for committing dacoity shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Essential Ingredients of Section 399 IPC

There must be preparation.
The preparation must be for committing dacoity.
The punishment may extend to ten years of rigorous imprisonment and also includes liability to fine.

Meaning of Related Legal Terms

Robbery

Section 390 IPC provides that in all robbery there is either theft or extortion. It specifies the additional circumstances of violence, wrongful restraint or fear of instant harm that convert theft or extortion into robbery.

Dacoity

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 is said to commit dacoity.

Grievous Hurt

Section 320 IPC designates specified kinds of hurt as grievous, including emasculation, permanent privation of sight or hearing, privation or impairment of a member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and the other serious hurt described in that section.

Deadly Weapon

Sections 397 and 398 use the expression "deadly weapon". Whether an object answers that description in a particular case depends on the nature of the weapon and the circumstances in which it is used or possessed for the statutory purpose.

Difference Between Sections 397, 398 and 399 IPC

Section	Stage or Conduct	Special Element	Punishment
397	At the time of committing robbery or dacoity	Use of deadly weapon, causing grievous hurt, or attempting to cause death or grievous hurt	Imprisonment not less than 7 years
398	Attempting robbery or dacoity	Offender is armed with a deadly weapon	Imprisonment not less than 7 years
399	Preparation before dacoity	Preparation for committing dacoity	Rigorous imprisonment up to 10 years and fine

Section 397 and Section 398: Use and Being Armed

The statutory wording is different. Section 397 applies where, at the time of committing robbery or dacoity, the offender "uses" a deadly weapon or engages in either of the other specified forms of aggravated conduct. Section 398 addresses the attempt stage and requires that the offender be "armed with" a deadly weapon.

Preparation for Dacoity Under Section 399

Section 399 specifically criminalizes preparation for dacoity. It therefore operates at a stage before the completed offence and must be read with the statutory meaning of dacoity under Section 391.

Pre-BNSS Criminal Procedure Position

Under the First Schedule to the Code of Criminal Procedure, 1973, offences under Sections 397, 398 and 399 IPC were cognizable and non-bailable and were triable by the Court of Session.

Related Robbery and Dacoity Provisions

The surrounding provisions cover robbery and dacoity, attempts and hurt during robbery, punishment for dacoity and dacoity with murder, 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 precise provision applicable depends on the allegations, date of conduct, evidence and procedural law governing the case.