IPC Section 397 - 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, or 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.
Official Text
“If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or 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.”
Legal Analysis
Elements to Prove:
- The accused committed robbery or dacoity.
- At the time of commission, they used a deadly weapon, or
- They caused grievous hurt, or
- They attempted to cause death or grievous hurt.
- All elements of robbery or dacoity were present.
Potential Defenses:
- No robbery or dacoity was committed.
- No deadly weapon was used.
- No grievous hurt was caused.
- No attempt to cause death or grievous hurt was made.
Practical Examples
What Constitutes the Offense:
A person using a knife during robbery, or causing serious injury during dacoity.
What Doesn't Constitute:
A person committing robbery without weapons, or causing minor harm.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized the enhanced punishment for robbery or dacoity with deadly weapons or grievous hurt.
Punishment
Not less than 7 years imprisonment (in addition to other punishments)
Related Information
Connected Sections:
This section provides enhanced punishment for robbery or dacoity with violence. It follows Section 396.
Procedural Aspects:
Prosecution requires proof of robbery/dacoity and use of deadly weapon or grievous hurt. The case is triable by a Court of Session.