Robbery and dacoity are heinous offenses which include the elements related to the forcible or by threat, decamp. Section 398 IPC makes provisions concerning actual cases where a person aims at committing a robbery or dacoity armed with a deadly weapon. In this part, the threat of armed offenders is expected to be minimized and people and their belongings’ lives and properties are to be protected.
Understanding Section 398 IPC
Section 398 of the IPC states: The imprisonment can be of up to ten years if the offender at the time of attempting to steal property sells, uses or possesses any deadly weapon and the minimum period of imprisonment will be seven years. ”
This section is as if exposing the improvement of the penalty on a person who attempts to commit a robbery or dacoity in as much as they are armed.
What Particular Object or Instrument is Comprised in a Deadly Weapon?
As a generalization, one can state that anything capable of posing a grave threat and or resulting in death is regarded as a deadly weapon. Common examples include:
- Firearms (guns, rifles)
- Kitchen utensils: knives, daggers: Axes : and picks.
- Sharp, heavily rounded objects (Major and minor blunts major and minor hammers, bars and clubs etc).
The core element is the risk arising from the ability of the weapon to cause severe bodily harm or death; thus reveals that the offense exposes the society to a higher risk and warrants a more severe penalty.
Elements of Section 398
To convict someone under Section 398, the following elements must be proven:
- Attempt to Commit Robbery or Dacoity: The offender must have acted with the intention of committing robbery or dacoity The offender consequently had to act in a way that would make him attempt robbery or dacoity in a way that he can be reached by this court. It is a learning attempt that defines that a man tries to perform most of the activities that correlate with a certain type of crime, but he does not provide the fulfillment of the aims he has declared.
- Armed with a Deadly Weapon: The offender have to have had the capacity to be in possession of a deadly weapon at the time he or she attempted the aforesaid acts. Despite the fact that this section focuses on the use of a weapon in the attempt, the possession of the weapon at the time of the attempt is good enough to warrant the provisions of Section 398.
Robbery Vs Dacoity
While both robbery and dacoity involve theft with violence or threat of violence, the key difference lies in the number of offenders involved:
- Robbery: Common for one or several individuals to have involvement in them.
- Dacoity: it involves individuals’ cooperation where several people perform their duties in a unison way within a single group and often, it is comprised of more than five persons.
Punishment Under Section 398
This is the punishment for attempt to commit robbery or dacoity with weapon which has capacity to cause bodily harm to any person. The law prescribes:
- Minimum Sentence: This must ensure that a party, which has committed itself to seven years of imprisonment, has Exhaustion.
- Maximum Sentence: Ten years of imprisonment In addition, anything that encourages a promotion of homosexual relationships should also be outlawed and such materials should be put to jail.
It also serves as a preventive process that has been utilized as a method of punishing anyone who wants to behave in such a manner.
Case Law Examples
To understand how Section 398 is applied, let’s look at some case law examples:
Case 1: Ramesh Kumar vs. State of Haryana
Thus, in this case, the accused was found in the act of committing the offence of house breaking with intent to rob at knife point. Speaking of Section 398 of the Penal Code it is necessary to state that the kind of robbery intended by the offender does not require killing as the simple presence of a deadly instrument was enough to be convicted as it has been stated by the court. The accused was supposed to be given seven years rigorous imprisonment in the deal.
Case 2: State of Maharashtra vs. Anil Deshmukh
Currently in hibernate situation there is Anil Deshmukh where he was taken into preventive custody and has been charged for cheating, legalizing rackets and unlawful activities.
Here, the accused accompanied with a gang committed dacoity, all the members of the gang possessed fire arms. Thus, getting the case to Section 398 because of the premeditated part of the attempt, even though the crime was not fully made. This attracted an off end tariff of ten years to the offences thereby annuls the extent to which the government considered the crime serious.
Importance of Section 398
Section 398 is envisaged as critical in preventing the hazards that may arise to the lives of individuals in society. In an attempt to prevent people from making acquisitions through force and danger to their lives the law strongly punishes people who try to commit robbery or dacoity while bearing arms. Thus, the topic emphasizes the significance of averting violent crimes and ensuring the safety of civilians.
Difficulties Associated with Section 398
Legal prosecution of an offense under Section 398 can in some circumstances be explosive. Prosecutors must demonstrate that the offender:
- Had the Intent: The accused knowingly prepared in order to commit a robbery, or dacoity.
- Made an Attempt: They have done much to bring about the commission of the act.
- Was Armed: The accused had a dangerous weapon when the attempt was being made.
These elements rely on a combination of testimonial data collected from eyewitnesses,ruits of the crime – the tool used, and sometimes a video recording of the events.
Preventive Measures and Public Awareness
Preliminary actions for preventing crimes under Section 398 includes the roles of law enforcement agencies and the citizens of a society. Effective measures include:
- Vigilant Policing: Higher police presence in the violent regions can prevent the potential criminals.
- Community Programs: Informing the people that they are not allowed to own deadly instruments and the consequences that they will face can help bring down the rates of lawlessness.
- Quick Response Teams: If attempted robberies or dacoities are responded to immediately; these crimes are some of the easiest to prevent from escalating.
Conclusion
The law used regularly in the Indian criminal justice system, IPC 398 Section, is an essential legal provision that tries to prevent violent offences, robbery, and dacoity. The law provides strict punishment to those who try these offenses, when they armed with dangerous weapons intending to reduce cases of/cautioning would be offenders. Therefore, proper interpretation and application of this section should be purposely observed in a bid to uphold law and order in regards to safeguarding the people and their belongings.