IPC Section 396 - Dacoity with Murder
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.
Official Text
“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.”
Legal Analysis
Elements to Prove:
- Five or more persons committed dacoity.
- They acted conjointly.
- One of them committed murder during the dacoity.
- The murder was related to the dacoity.
- All elements of dacoity and murder were present.
Potential Defenses:
- No dacoity was committed.
- Less than five persons were involved.
- No murder was committed.
- The murder was not related to the dacoity.
Practical Examples
What Constitutes the Offense:
A group committing dacoity where one member kills someone, making all members liable for murder.
What Doesn't Constitute:
A single person committing murder, or dacoity without any death.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized the severe punishment for dacoity involving murder.
Punishment
Death, or Imprisonment for Life, or Rigorous imprisonment up to 10 years and Fine
Related Information
Connected Sections:
This section provides severe punishment for dacoity with murder. It follows Section 395.
Procedural Aspects:
Prosecution requires proof of dacoity and murder. The case is triable by a Court of Session.