What is Section 396 IPC? Dacoity with murder
Published on: Lawiz Team
Learn about Section 396 IPC: Dacoity with murder
Official Legal 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.
What This IPC Section Means – Explained in Simple Words
Section 396 punishes anyone who commits dacoity (robbery by five or more persons) in which murder is also committed.
Purpose
To ensure the strictest punishment for dacoity involving the most serious offence of murder.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Death or imprisonment for life, or rigorous imprisonment up to 10 years, and fine.
Key Elements
1. There must be dacoity (robbery by five or more persons). 2. Murder must be committed during the dacoity. 3. All participants in the dacoity are liable, even if only one commits the murder.
Punishment Details
Punishable with death, or imprisonment for life, or rigorous imprisonment of up to ten years, and a fine.
Illustrative Example
If a gang of robbers break into a house, rob the occupants, and kill a person during the act, it is an offence under Section 396.
Legal Defenses
If an accused can prove that they were not part of the gang or did not participate, they may be acquitted.
Related Sections
Related to Section 395 (Dacoity) and Section 302 (Murder).
FAQs
What does Section 396 IPC define?
Dacoity with murder.
How is 'Dacoity with murder' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 396 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 396?
Examples include real-life cases involving dacoity with murder.
Is Section 396 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 396 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 396 significant?
It holds importance in the framework of criminal law.