If any one of five or more persons, who are conjointly committing dacoity, commits murder in 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.
IPC Section 396: Simplified Explanation
IPC Section 396 addresses the particularly heinous offence of committing dacoity accompanied by murder. This section is invoked when, during the act of dacoity (robbery by five or more individuals, as defined in IPC Section 391), any one of the participants commits murder, whether it is part of the planned action or occurs incidentally. This elevates the crime from dacoity to a more severe category because it combines the organized threat of robbery with the ultimate act of violence, murder.
Is IPC Section 396 bailable?
IPC Section 396 is non-bailable. The gravity of the offence, combining theft, collective criminal action, and murder, poses an extreme risk to society and individual safety, making it a case for stringent judicial review before any consideration of bail.
IPC Section 396 Punishment
The punishment under IPC Section 396 is the most severe within the penal code for such offences, death or imprisonment for life, and includes a liability to a fine. The law recognizes the extreme nature of this crime and provides for the harshest penalties.
Example of IPC Section 396
A real-life example of IPC Section 396 occurred in a small town where a group of seven individuals planned and executed a raid on a wealthy farmer’s home. During the dacoity, one of the robbers, in an altercation with the farmer who was trying to defend his family, shot and killed him. The entire group fled with valuables but were apprehended within days thanks to community tips and forensic evidence. Given that murder occurred during the dacoity, all were charged under IPC Section 396. In court, the seriousness of their combined actions led to life sentences for all involved, highlighting the strict punitive measures for such compounded criminal activities.
