Section 396 IPC: Dacoity with murder

Indian Penal Code, 1860

Section 396 IPC at a Glance

Section 396 IPC deals with dacoity with murder. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 310(3) BNS.

Punishment

Death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 310(3) →

Section 396 IPC Bare Act Text

396. Dacoity with murder

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.

Source: Section 396, Indian Penal Code, 1860

Section 396 IPC in Simple Words

Section 396 of the Indian Penal Code (IPC) deals with dacoity with murder. If any one of five or more persons conjointly committing dacoity commits murder while committing that dacoity, every one of those persons is punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and is also liable to fine.

The liability extends to every one of those persons even though only one of them committed the murder. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session.

It cannot be compounded under Section 320 CrPC.

Ingredients of Section 396 IPC

  • A dacoity was conjointly committed by five or more persons as defined under Section 391 IPC
  • Any one of those five or more persons committed murder while committing the dacoity
  • The killing amounted to murder
  • The accused was one of the persons conjointly committing the dacoity at the time the murder was committed

Punishment Under Section 396 IPC

Imprisonment

Death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Dacoity with murder carries death, imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine for every participant.

Example of Section 396 IPC

In March 2016, Rajendra, Sudhir, Pawan, Leela, and Imran raided a coal depot in Dhanbad to steal copper cables. While Sudhir, Pawan, Leela, and Imran restrained the clerk and loaded the copper cables onto a cart, the depot watchman tried to shut the exit gate. Rajendra intentionally shot the watchman in the chest with a pistol, causing his death instantly, and all five escaped with the cables. Because Rajendra committed murder while the five were conjointly committing dacoity, all five are liable. Rajendra, Sudhir, Pawan, Leela, and Imran are punishable under Section 396 IPC.

When Section 396 IPC Does Not Apply

  • Fewer than five persons participated in or aided the robbery during which the killing occurred.
  • The death caused during the dacoity did not satisfy the legal ingredients of murder.
  • The killing happened after the dacoity had completely ended and was unrelated to committing the dacoity.
  • The person charged was not one of the individuals conjointly committing the dacoity.

Section 396 IPC in the BNS

Section 396 IPC is now covered under Section 310(3) BNS.

Section 396 IPC corresponds to Section 310(3) BNS. Section 310(3) BNS modifies the fixed-term sentence by prescribing rigorous imprisonment for a term which shall not be less than ten years, setting a mandatory minimum of ten years where Section 396 IPC prescribed a term extending up to ten years.

View detailed comparison (IPC 396 vs BNS 310(3)) →

FAQs on Section 396 IPC

What does Section 396 IPC punish?▼

Section 396 IPC punishes dacoity with murder, making every person conjointly committing dacoity liable if any one member commits murder in committing that dacoity.

What punishment is prescribed under Section 396 IPC?▼

The punishment is death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to fine.

Does Section 396 IPC apply if the accused did not personally strike the fatal blow?▼

Yes. The section explicitly provides that if any one person commits murder in so committing dacoity, every one of those persons shall be punished under this section.

Must the death amount to murder for Section 396 IPC to apply?▼

Yes. The statute requires that the act committed in so committing dacoity must amount to murder under the law.

Is Section 396 IPC bailable?▼

No. Section 396 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 396 IPC cognizable?▼

Yes. The offence is cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 396 IPC?▼

The Court of Session tries cases under Section 396 IPC.

Is an offence under Section 396 IPC compoundable?▼

No. Section 396 IPC is not compoundable under Section 320 CrPC.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·