Section 397: Robbery, or dacoity, with attempt to cause death or grievous hurt
In Simple Words
If a robber or dacoit uses a deadly weapon (like a gun or sword), stabs someone, or tries to kill someone during the heist, they face a mandatory minimum of 7 years in prison.
Punishment & Penalties
Minimum 7 years of rigorous imprisonment (up to 10-14 years). Non-bailable and Cognizable.
Real-Life Case Example
“During a street robbery, the thief flashes a knife and cuts a pedestrian's wrist to snatch a watch. Because a deadly weapon was used to inflict harm, the thief is charged under Section 397.”
Frequently Asked Questions (FAQs)
What is Section 397 of IPC?
Robbery, or dacoity, with attempt to cause death or grievous hurt. In simple terms: If a robber or dacoit uses a deadly weapon (like a gun or sword), stabs someone, or tries to kill someone during the heist, they face a mandatory minimum of 7 years in prison.
Is Section 397 of IPC a bailable offense?
Section 397 is classified as a Non-bailable offense. This means bail cannot be claimed as a right; the accused must apply to a magistrate or court.
What is the punishment for Section 397 of IPC?
Minimum 7 years of rigorous imprisonment (up to 10-14 years). Non-bailable and Cognizable.
Can Section 397 of IPC be quashed by the High Court?
Section 397 is Non-compoundable (cannot be settled out of court). However, the High Court has inherent powers under Section 482 of CrPC / Section 528 of BNSS to quash FIRs in certain categories of disputes if the parties reach a compromise.
Facing a case under Section 397?
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