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IPC 398

IPC Section 398 – Attempt to Commit Robbery or Dacoity When Armed With Deadly Weapon | Punishment & Free Legal Consultation
Section 398 · Indian Penal Code

IPC Section 398 – Attempt to Commit Robbery or Dacoity When Armed With Deadly Weapon

Section 398 of the Indian Penal Code imposes a mandatory minimum sentence of 7 years' imprisonment on an offender who, at the time of attempting to commit robbery or dacoity, is armed with any deadly weapon. This provision punishes the attempt itself, whether or not the robbery or dacoity is actually completed — the moment a deadly weapon is present during an attempt is enough to trigger this severe minimum sentence.

Punishment: Rigorous imprisonment, not less than 7 years
Cognizable: Yes
Bailable: No
Compoundable: No
BNS 2023 equivalent: Section 312
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Quick Answer: What Does Section 398 Mean?

In simple terms, Section 398 applies the moment someone attempts to commit robbery or dacoity while carrying a deadly weapon — a knife, gun, or similar object capable of causing death — regardless of whether the robbery or dacoity actually succeeds. Even if the offender is stopped before taking anything, the mere combination of attempting the crime and being armed with a deadly weapon at that time triggers a mandatory minimum sentence of 7 years' rigorous imprisonment. This reflects the law's view that the presence of a deadly weapon during even a failed or interrupted attempt creates a serious, independent danger to anyone present, deserving severe punishment regardless of the ultimate outcome.

Applies to attempted robbery or dacoity — the crime need not have actually been completed
Requires the offender to have been armed with a deadly weapon at the time of the attempt
Imposes a mandatory minimum of 7 years' rigorous imprisonment, not merely a maximum
Non-bailable, reflecting the serious danger even a foiled armed attempt represents

What is IPC Section 398?

IPC Section 398 sits in Chapter XVII of the Indian Penal Code, "Of Offences Against Property," within the sub-group "Of Robbery and Dacoity" (Sections 390–402). It occupies a distinctive place within this cluster: rather than punishing a completed offence, it specifically addresses the attempt stage, imposing a severe mandatory minimum sentence the moment a deadly weapon is present during that attempt — regardless of whether the robbery or dacoity is ultimately carried through or interrupted.

This structure reflects a deliberate legislative choice to treat the mere combination of an attempted robbery or dacoity and the presence of a deadly weapon as inherently dangerous, independent of the crime's ultimate success — recognising that an armed offender interrupted mid-attempt poses just as serious a threat to anyone present as one who successfully completes the crime.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 398 IPC now corresponds to Section 312 of the BNS, which retains the same substantive scope and mandatory minimum sentence.

Punishment Under Section 398

PunishmentRigorous imprisonment, mandatory minimum of 7 years (no lower alternative available)
Nature of OffenceCognizable — police can register an FIR and investigate/arrest without prior court order
Bailable / Non-BailableNon-bailable — bail is not a matter of right and must be applied for before the court
CompoundableNon-compoundable
Triable ByCourt of Session

The mandatory minimum sentence structure ("shall not be less than seven years") is a deliberate departure from the Code's more typical "may extend to" formulation, removing judicial discretion to impose a lesser sentence once the section's specific conditions — an attempted robbery or dacoity, combined with possession of a deadly weapon at that time — are established.

Key Ingredients / Essential Elements

1

An attempt to commit robbery or dacoity

The accused must have attempted to commit robbery or dacoity — the crime need not have actually been completed.

2

Armed with a deadly weapon at the time

The accused must have been armed with a deadly weapon specifically at the time of the attempt.

How Section 398 Relates to Neighbouring Provisions

  • Section 392 prescribes the general punishment for a completed robbery.
  • Section 393 prescribes the punishment for an attempt to commit robbery generally, absent the deadly-weapon aggravation.
  • Section 397 applies a parallel mandatory 7-year minimum to a completed robbery or dacoity, where the offender used a deadly weapon, caused grievous hurt, or attempted to cause death or grievous hurt.
  • Section 398 (this section) applies the same mandatory 7-year minimum specifically to an attempted (rather than completed) robbery or dacoity, where the offender was armed with a deadly weapon.

Frequently Asked Questions on Section 398

What exactly does IPC Section 398 punish?+
It punishes an attempted robbery or dacoity where the offender was armed with a deadly weapon at the time, with a mandatory minimum sentence of 7 years' rigorous imprisonment.
Is Section 398 a bailable offence?+
No, it is non-bailable.
Does the robbery or dacoity need to have actually succeeded?+
No, this section specifically applies to the attempt stage — even if the offender is stopped before completing the robbery or dacoity, the section applies provided they were armed with a deadly weapon at the time.
What counts as a "deadly weapon" under this section?+
This generally covers weapons capable of causing death, such as firearms or knives, assessed based on the specific object and circumstances of each case.
Can a court impose a sentence lower than 7 years under this section?+
No, the section's language ("shall not be less than seven years") establishes a mandatory minimum, removing judicial discretion to impose a lower sentence once the section's conditions are established.
Is Section 398 cognizable?+
Yes, it is cognizable.
Can Section 398 be settled privately?+
No, it is non-compoundable.
Which court tries a case under Section 398?+
The Court of Session.
Is Section 398 still valid after the BNS came into force?+
IPC Section 398 continues before 1 July 2024; offences after that date fall under Section 312 of the Bharatiya Nyaya Sanhita, 2023, which retains the same mandatory minimum sentence.
Do I need a lawyer for a case involving Section 398?+
Yes, given the serious mandatory minimum sentence involved, and the important factual questions around whether the specific object qualifies as a "deadly weapon" and whether an actual attempt occurred. Many lawyers, including our panel, offer a free initial consultation — call +91 94797 98899.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Consult a qualified advocate for guidance on your specific case, especially given the transition from IPC to BNS.
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