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.

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Non-bailable, Cognizable

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused attempted to commit robbery or dacoity.
  • At the time of attempt, they were armed with a deadly weapon.
  • The attempt was intentional and not accidental.
  • All elements of robbery or dacoity attempt were present.

Potential Defenses:

  • No attempt to commit robbery or dacoity was made.
  • The accused was not armed with a deadly weapon.
  • The weapon was not deadly.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person attempting robbery while carrying a knife, or trying dacoity with a gun.

What Doesn't Constitute:

A person attempting robbery without weapons, or carrying non-deadly tools.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the enhanced punishment for attempting robbery or dacoity while armed with deadly weapons.

Punishment

Not less than 7 years imprisonment (in addition to other punishments)

Related Information

Connected Sections:

This section provides enhanced punishment for attempting robbery or dacoity while armed. It follows Section 397.

Procedural Aspects:

Prosecution requires proof of attempt and possession of deadly weapon. The case is triable by a Court of Session.

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