IPC Section 396
Section 396 IPC – Dacoity with Murder
Essence of the Section
Section 396 deals with a very serious form of dacoity where a gang not only commits dacoity (robbery by five or more people) but also causes murder or attempts to cause death during the act.
It is considered one of the most heinous crimes under IPC.
Key Ingredients
Dacoity (Robbery by 5 or More Persons)
There must be a group of five or more persons involved in committing theft or robbery.
Ordinary theft or robbery by fewer people does not come under Section 396.
Presence of Murder or Attempt to Murder
During the act of dacoity, the accused must:
Kill someone, or
Attempt to kill, or
Cause grievous bodily harm
This distinguishes it from ordinary dacoity.
Intent
The act must be intentional, meaning the accused planned or knowingly caused harm while committing dacoity.
Punishment
Death penalty or life imprisonment
Fine may also be imposed
This shows the gravity of the crime, as it combines robbery and murder.
Examples
A gang of 5 people robs a house and kills the homeowner during the act.
During a bank dacoity by a gang of 5 or more, the gang shoots the security guard and escapes with cash.
Purpose of Section 396
To punish extremely violent crimes that threaten both property and life.
To deter gangs from using murder during robberies.
To reflect the seriousness of combining dacoity with homicide.
✅ In summary:
Section 396 IPC punishes anyone who commits dacoity with murder or attempt to murder, with death or life imprisonment, and possible fine.
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