What is Section 398 IPC? Attempt to commit robbery or dacoity when armed with deadly weapon
Published on: Lawiz Team
Learn about Section 398 IPC: Attempt to commit robbery or dacoity when armed with deadly weapon
Official Legal 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.
What This IPC Section Means – Explained in Simple Words
Section 398 punishes anyone who attempts to commit robbery or dacoity while being armed with a deadly weapon.
Purpose
To ensure stricter punishment for those who carry deadly weapons while attempting to commit 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 an attempt to commit robbery or dacoity. 2. The offender must be armed with a deadly weapon. 3. The weapon must be capable of causing death or serious injury.
Punishment Details
Rigorous imprisonment of not less than seven years.
Illustrative Example
If a person tries to rob a shop while carrying a loaded gun, it is an offence under Section 398.
Legal Defenses
If the accused can prove that they were not carrying a deadly weapon, they may be acquitted.
Related Sections
Related to Section 397 (Robbery with attempt to cause death) and Section 399 (Preparation to commit dacoity).
FAQs
What does Section 398 IPC define?
Attempt to commit robbery or dacoity when armed with deadly weapon.
How is 'Attempt to commit robbery or dacoity when armed with deadly weapon' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 398 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 398?
Examples include real-life cases involving attempt to commit robbery or dacoity when armed with deadly weapon.
Is Section 398 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 398 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 398 significant?
It holds importance in the framework of criminal law.