Section Overview
Section Number:
IPC Section 397
Section Title:
Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023 with similar provisions dealing with armed robbery and aggravated dacoity.
Applicability:
IPC Section 397 applies when:
-
Robbery or dacoity is committed;
-
The offender uses a deadly weapon; OR
-
The offender causes or attempts to cause death or grievous hurt;
-
The act occurs during commission of robbery/dacoity.
👉 Section 397 enhances punishment based on weapon use and violence.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 397 ka simple matlab hai ki agar robbery ya dacoity ke time koi person deadly weapon use karta hai ya kisi ko jaan se maarne ya serious injury dene ki koshish karta hai, to usko aur zyada severe punishment milti hai.
Simple words mein:
"Weapon use ya serious injury attempt ke saath robbery = IPC 397."
Legal Meaning
Section 397 applies when:
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Robbery or dacoity is in progress;
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Offender uses a deadly weapon OR attempts serious harm;
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The threat or action is real and immediate;
-
The act is part of robbery/dacoity.
Essential Ingredients
Existence of Robbery or Dacoity
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Robbery under Section 390 OR
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Dacoity under Section 391
must be present.
Use of Deadly Weapon OR Attempt to Cause Harm
The accused must:
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Use a weapon like knife, gun, stick; OR
-
Attempt to cause death or grievous hurt.
Connection with Offence
The weapon or violence must be used during commission of robbery/dacoity.
Individual Liability Rule
👉 Only the person who uses the weapon is liable under Section 397.
Other participants may be charged under different sections (like 395/392).
Punishment & Legal Classification
Punishment
IPC Section 397 provides:
-
Minimum 7 years rigorous imprisonment.
👉 Court has discretion above minimum depending on severity.
Bailable / Non-Bailable
❌ Non-Bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
❌ Non-Compoundable
Triable By
Court of Session
IPC ↔ BNS Mapping
IPC Section
IPC Section 397
BNS Equivalent
Bharatiya Nyaya Sanhita retains provisions relating to:
-
Armed robbery;
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Violent theft and dacoity;
-
Use of deadly weapons during property offences.
Status
Concept retained under BNS with updated structure.
Real-Life Examples
Example 1: Knife Used in Robbery
A robber uses a knife while snatching a wallet.
Section 397 applies.
Example 2: Gun Threat During Dacoity
During a dacoity, one member points a gun at victims.
Section 397 applies to that member.
Example 3: Assault with Stick
An offender beats the victim while stealing valuables.
Section 397 applies.
Example 4: Attempted Grievous Hurt
A robber tries to stab a victim but does not succeed.
Section 397 still applies.
Landmark Judgments
Case Name:
Phool Kumar v. Delhi Administration
Court:
Supreme Court of India
Key Takeaway:
Use of weapon during robbery is sufficient to attract Section 397 even without actual injury.
Case Name:
Ashfaq v. State (Govt. of NCT of Delhi)
Court:
Supreme Court of India
Key Takeaway:
Section 397 applies to the actual weapon user, not necessarily all participants.
Case Name:
Dilawar Singh v. State of Delhi
Court:
Supreme Court of India
Key Takeaway:
Minimum sentencing under Section 397 must be strictly applied.
Legal Insights
When Is Section 397 Applied?
Section 397 is invoked when:
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Robbery or dacoity is committed;
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A deadly weapon is used;
-
Serious threat or violence occurs;
-
The offender directly uses the weapon.
Important Legal Rule
👉 Section 397 applies individually.
Not every accused in robbery is automatically liable unless they used the weapon.
Common Misuse Scenarios
No Weapon Used
If no deadly weapon is used, Section 397 does not apply.
Mere Presence
Passive members are not liable under Section 397.
Misidentification of Weapon User
Courts require clear proof of who used the weapon.
Non-Deadly Objects
Not every object qualifies as a “deadly weapon” depending on use.
Defenses Available
No Weapon Used
Accused did not use any deadly weapon.
No Participation in Violence
Accused was not involved in the violent act.
False Implication
Wrongly identified as weapon user.
Lack of Proof
Prosecution fails to prove use of weapon.