Offender Who Had Not Used Deadly Weapon During Robbery Cannot Be Convicted Under Section 397 IPC: Supreme Court
3 years, 2 months ago

Offender Who Had Not Used Deadly Weapon During Robbery Cannot Be Convicted Under Section 397 IPC: Supreme Court

Live Law  

The Supreme Court has observed that an offender who had not used any deadly weapon at the time of committing robbery/dacoity cannot be convicted under Section 397 of the Indian Penal Code.The use of deadly weapon by one offender at the time of committing robbery/dacoity cannot attract Section 397 IPC for the imposition of minimum punishment on another offender who has not used any. The use of deadly weapon by one offender at the time of committing robbery/dacoity cannot attract Section 397 IPC for the imposition of minimum punishment on another offender who has not used any deadly weapon, In this case, the appellants -accused were convicted under Section 397 IPC which reads thus: If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. As per Section 397 IPC if at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. The court referred to Phool Kumar vs. Delhi Administration, 1 SCC 797 and Dilawar Singh vs. State of Delhi, 12 SCC 641 and observed: Thus, as per the law laid down by this Court in the aforesaid two decisions the term 'offender' under Section 397 IPC is confined to the 'offender' who uses any deadly weapon and use of deadly weapon by one offender at the time of committing robbery cannot attract Section 397 IPC for the imposition of minimum punishment on another offender who has not used any deadly weapon. Therefore, merely because in the subsequent split trial the Benny came to be acquitted the benefit of such acquittal cannot be in favour of the present appellants – accused as the prosecution has been successful in proving the case against the present accused" Partly allowing the appeal, the bench set aside the conviction of the accused under Section 397 IPC and convicted them for the offences under Section 391 IPC punishable under Section 395 IPC and sentenced to undergo seven years Rigorous Imprisonment.

Supreme Court Court Robbery Case Accused Ipc Convicted Weapon This Case Ten Years Deadly Benny Shall Rigorous Imprisonment Section 397 Dacoity Offender Section 395 Grievous Hurt Five Persons Section 391 397 Deadly Weapon 397 Ipc Section 397 Ipc 398 Ipc Minimum Punishment Such Offender Section 395 Ipc 391 Ipc One Offender Section 390 Ipc Section 391 Ipc  supreme  deadly  court  ipc  397  case  shall  used  offender  dacoity  accused  robbery  convicted  weapon

History of this topic

Prosecution Must Prove 'Nature Of Weapon' Used During Robbery Was Deadly For Upholding Conviction U/S 397: Delhi High Court
2 years, 11 months ago

Prosecution Must Prove 'Nature Of Weapon' Used During Robbery Was Deadly For Upholding Conviction U/S 397: Delhi High Court

Live Law  

The Delhi High Court has modified the conviction and sentence of a man from sec. Justice Mukta Gupta was of the view that the prosecution is required to prove the nature of the weapon of offence used specially in the case of knife or blade. "In the absence of the use of a deadly weapon being proved by the prosecution, …

S.397 IPC: Use Of The Weapon Does Not Require That The Offender Should Actually Fire Or Stab, Mere Exhibition Or Brandishing of the Same Is Sufficient: Supreme Court
3 years ago

S.397 IPC: Use Of The Weapon Does Not Require That The Offender Should Actually Fire Or Stab, Mere Exhibition Or Brandishing of the Same Is Sufficient: Supreme Court

Live Law  

In a judgement delivered recently, the Supreme Court through a three-judge bench comprising Chief Justice N.V. Ramana and Justices A.S. Bopanna and Hima Kohli clarified two important positions of the law relating to the offence of Robbery under the Indian Penal Code. The Court held: "It is clear that the use of the weapon to constitute the offence under Section …

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