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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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.
Legal Provision — Text of Section 398 IPC
This provision must be read together with Section 393 (punishment for attempt to commit robbery), Section 397 (robbery or dacoity with attempt to cause death or grievous hurt, which applies a similar mandatory 7-year minimum where a deadly weapon is used or grievous hurt is caused or attempted during a completed offence), and the general attempt provisions under Section 511, given this section's specific focus on the attempt stage of robbery or dacoity.
Punishment Under Section 398
| Punishment | Rigorous imprisonment, mandatory minimum of 7 years (no lower alternative available) |
|---|---|
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without prior court order |
| Bailable / Non-Bailable | Non-bailable — bail is not a matter of right and must be applied for before the court |
| Compoundable | Non-compoundable |
| Triable By | Court 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
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.
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.