Chapter 17Indian Penal Code

IPC Section 398: 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.

IPC Section 398: Simplified Explanation

IPC Section 398 specifically targets individuals who attempt to commit robbery or dacoity while being armed with a deadly weapon. This section focuses on the preparation and attempt to execute such crimes, recognizing the increased threat and potential for harm when offenders are equipped with weapons capable of causing death or serious injury. The presence of a deadly weapon during the attempt underscores the potential for escalated violence and the heightened risk to victims. 

Is IPC Section 398 bailable? 

IPC Section 398 is non-bailable. The involvement of deadly weapons in the attempt to commit high-impact crimes like robbery or dacoity significantly raises the threat level, making judicial oversight necessary for any bail considerations. 

IPC Section 398 Punishment 

The punishment under IPC Section 398 is rigorous imprisonment for a term that may extend to seven years. This reflects the seriousness of preparing or attempting such crimes with the added danger of deadly weapons, even if the actual robbery or dacoity is not completed. 

Example of IPC Section 398 

A real-life example of IPC Section 398 occurred when a man was apprehended outside a bank with a loaded firearm, wearing a mask and carrying tools typically used for breaking into safes. The police were alerted by a vigilant bystander who noticed the suspicious behaviour. Although the man did not manage to enter the bank or start the robbery, the firearm and his preparations indicated a clear attempt. Due to being armed with a deadly weapon and the intent to commit robbery, he was charged under IPC Section 398. In court, he received a sentence of seven years in prison, highlighting the preventive aspect of the law against such dangerous criminal attempts.

Vardhaman Raj

Vardhaman Raj is a distinguished advocate with over 25 years of experience in the Indian legal system. Vardhaman has dedicated his career to criminal law and civil rights, gaining a reputation for his unwavering integrity, meticulous attention to detail, and compassionate advocacy for his clients. Vardhaman's expertise spans various legal areas, including criminal defence, family law, and public interest litigation.

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