Section 397 IPC: Robbery, or dacoity, with attempt to cause death or grievous hurt

Indian Penal Code, 1860

Section 397 IPC at a Glance

Section 397 IPC deals with robbery, or dacoity, with attempt to cause death or grievous hurt. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 311 BNS.

Punishment

Imprisonment shall not be less than seven years.

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

Section 311 →

Section 397 IPC Bare Act Text

397. Robbery, or dacoity, with attempt to cause death or grievous hurt

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.

Source: Section 397, Indian Penal Code, 1860

Section 397 IPC in Simple Words

Section 397 of the Indian Penal Code (IPC) prescribes a mandatory minimum term of imprisonment for certain aggravated acts committed during robbery or dacoity. If at the time of committing robbery or dacoity the offender uses any deadly weapon, 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 provision prescribes no fine and sets a sentencing floor for such offender. The offence is cognizable, non-bailable, and triable by the Court of Session.

It cannot be compounded under Section 320 CrPC.

Ingredients of Section 397 IPC

  • The commission of robbery or dacoity
  • At the time of committing the robbery or dacoity, the offender uses any deadly weapon, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person
  • The three statutory circumstances are disjunctive alternatives, so proof of any one satisfies the condition

Punishment Under Section 397 IPC

Imprisonment

Imprisonment shall not be less than seven years.

Fine

No fine is prescribed by this section.

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

Using any deadly weapon, causing grievous hurt, or attempting death or grievous hurt during robbery or dacoity carries a mandatory minimum term of imprisonment of not less than seven years, with no fine prescribed.

Example of Section 397 IPC

In August 2020, inside a silk emporium in Guwahati, Hemant attacked the proprietor, Rohini, to rob her of a brass lockbox. At the time of committing the robbery, Hemant used a sword, struck Rohini on the collarbone to fracture the bone and cause grievous hurt, and attempted to cause her death by swinging the blade at her neck before fleeing with the lockbox. Hemant used a deadly weapon, caused grievous hurt, and attempted to cause death during the robbery. Hemant is punishable with imprisonment of not less than seven years under Section 397 IPC.

When Section 397 IPC Does Not Apply

  • The robbery or dacoity was committed without using any deadly weapon and without causing or attempting to cause death or grievous hurt.
  • The offender caused only simple hurt with bare hands during the robbery.
  • The accused participated in the robbery or dacoity as an accomplice but did not personally use a deadly weapon, cause grievous hurt, or attempt to cause death or grievous hurt.
  • The grievous hurt or use of a deadly weapon took place in an assault unrelated to any robbery or dacoity.

Section 397 IPC in the BNS

Section 397 IPC is now covered under Section 311 BNS.

Section 397 IPC corresponds to Section 311 BNS. The three statutory alternatives and the mandatory minimum sentence of imprisonment for not less than seven years remain unchanged in substance.

View detailed comparison (IPC 397 vs BNS 311) →

FAQs on Section 397 IPC

What does Section 397 IPC prescribe?▼

Section 397 IPC prescribes that if an offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt while committing robbery or dacoity, the imprisonment awarded shall not be less than seven years.

Does Section 397 IPC prescribe a maximum punishment or a fine?▼

No. Section 397 IPC prescribes only a mandatory minimum term of imprisonment of not less than seven years, without specifying any maximum term or fine.

Is Section 397 IPC bailable?▼

No. An offence under Section 397 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 397 IPC cognizable?▼

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

Which court tries an offence under Section 397 IPC?▼

The Court of Session tries cases under Section 397 IPC.

Can an offence under Section 397 IPC be compounded?▼

No. Section 397 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 ·