IPC Section 396 — Dacoity with murder

robbery and dacoity

Criminal

Punishment

Death or life imprisonment and fine

As the section puts it: “shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine”

Summary

If a group of five or more people jointly commit a dacoity, and during that dacoity any one of them commits a murder, then every single person in that group is punishable with either the death penalty, life imprisonment, or rigorous imprisonment for up to ten years, and they may also be fined.

Official Text

If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Referred to by

Related Judgments

  • VENKATESH @ CHANDRA & ANR. ETC vs STATE OF KARNATAKA — Supreme Court of India (2022)
  • And; The Hon’ble Justice Md. Shabbar Rashidi; CRA 336 of 2017; IA No: vs The State of West Bengal, With, CRA 255 of 2021, IA No: CRAN 2 of — Calcutta High Court (Kolkata Principal Seat) (2025)
  • KALIKA TIWARI AND ORS. ETC. vs STATE OF BIHAR — Supreme Court of India (1997)
  • DEEPAK @ WIRELESS vs STATE OF MAHARASHTRA — Supreme Court of India (2012)
  • MANOJ GIRI vs STATE OF CHHATISGARH — Supreme Court of India (2013)
  • SHAJAHAN vs STATE REP. BY INSPECTOR OF POLICE — Supreme Court of India (2018)

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