Section 398 IPC: Attempt to commit robbery or dacoity when armed with deadly weapon

Indian Penal Code, 1860

Section 398 IPC at a Glance

Section 398 IPC deals with attempt to commit robbery or dacoity when armed with deadly weapon. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 312 BNS.

Punishment

Imprisonment shall not be less than seven years.

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

Section 312 →

Section 398 IPC Bare Act Text

398. Attempt to commit robbery or dacoity when armed with deadly weapon

If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

Source: Section 398, Indian Penal Code, 1860

Section 398 IPC in Simple Words

Section 398 of the Indian Penal Code (IPC) prescribes a mandatory minimum punishment for attempting to commit robbery or dacoity while armed with any deadly weapon. If at the time of attempting to commit robbery or dacoity the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

The section sets a statutory floor for punishment without prescribing a fine or maximum term. 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 398 IPC

  • An attempt to commit robbery or dacoity
  • The attempt had progressed beyond mere preparation to an overt act proximate to the commission of the offence
  • The offender was armed with a deadly weapon at the time of attempting the robbery or dacoity

Punishment Under Section 398 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 ⓘ

Attempting to commit robbery or dacoity while armed with any deadly weapon carries a mandatory minimum term of imprisonment of not less than seven years, with no fine prescribed.

Example of Section 398 IPC

In December 2017, in Surat, Chetan confronted a courier, Suresh, outside a polishing unit to rob him of a pouch of cut diamonds. Armed with a loaded revolver, Chetan seized the handlebar of Suresh's scooter and threatened him with instant death while reaching for the pouch. Suresh triggered a loud alarm bell on the building wall, prompting guards to rush out and forcing Chetan to run away without the diamonds. Chetan attempted to commit robbery while armed with a deadly weapon. Chetan is punishable with imprisonment of not less than seven years under Section 398 IPC.

When Section 398 IPC Does Not Apply

  • The conduct stopped at the stage of preparation and never reached an actual attempt to commit robbery or dacoity.
  • The person attempting the robbery or dacoity was unarmed or carried an object that does not qualify as a deadly weapon.
  • The accused was a co-participant in the attempted robbery or dacoity who was not personally armed with a deadly weapon.
  • The robbery or dacoity succeeded and property was actually taken, bringing the case within completed robbery or dacoity provisions instead.

Section 398 IPC in the BNS

Section 398 IPC is now covered under Section 312 BNS.

Section 398 IPC corresponds to Section 312 BNS. The essential elements of the armed attempt and the mandatory minimum punishment of imprisonment for not less than seven years remain unchanged in substance.

View detailed comparison (IPC 398 vs BNS 312) →

FAQs on Section 398 IPC

What does Section 398 IPC prescribe?▼

Section 398 IPC prescribes that if an offender is armed with any deadly weapon at the time of attempting to commit robbery or dacoity, the imprisonment awarded shall not be less than seven years.

Does Section 398 IPC prescribe a fine?▼

No. Section 398 IPC prescribes only a mandatory minimum term of imprisonment of not less than seven years and does not prescribe any fine.

Does Section 398 IPC require that the weapon was actually used to cause injury?▼

No. The section requires only that the offender was armed with a deadly weapon at the time of attempting to commit robbery or dacoity; actual infliction of injury is not required.

Is Section 398 IPC bailable?▼

No. Section 398 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 398 IPC cognizable?▼

Yes. An offence under Section 398 IPC is cognizable according to the First Schedule to the CrPC.

Which court tries an offence under Section 398 IPC?▼

The Court of Session tries cases under Section 398 IPC.

Can an offence under Section 398 IPC be compounded?▼

No. Section 398 IPC is not compoundable under Section 320 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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