What is Section 397 IPC? Robbery or dacoity with attempt to cause death or grievous hurt
Published on: Lawiz Team
Learn about Section 397 IPC: Robbery or dacoity with attempt to cause death or grievous hurt
Official Legal 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.
What This IPC Section Means – Explained in Simple Words
Section 397 punishes anyone who, while committing robbery or dacoity, attempts to cause death or grievous hurt to any person.
Purpose
To ensure strict punishment for those who use deadly force or cause serious harm during robbery or dacoity.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Rigorous imprisonment not less than 7 years.
Key Elements
1. The offence must be robbery or dacoity. 2. The offender must attempt to cause death or grievous hurt. 3. The attempt may involve use of deadly weapons.
Punishment Details
Rigorous imprisonment of not less than seven years.
Illustrative Example
If a person uses a gun during a robbery and shoots at the victim, it is an offence under Section 397.
Legal Defenses
If the accused can prove that they did not use any deadly weapon or did not attempt to cause death or grievous hurt, they may be acquitted.
Related Sections
Related to Section 392 (Punishment for robbery) and Section 396 (Dacoity with murder).
FAQs
What does Section 397 IPC define?
Robbery or dacoity, with attempt to cause death or grievous hurt.
How is 'Robbery or dacoity, with attempt to cause death or grievous hurt' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 397 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 397?
Examples include real-life cases involving robbery or dacoity, with attempt to cause death or grievous hurt.
Is Section 397 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 397 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 397 significant?
It holds importance in the framework of criminal law.