Legal Provisions of Section 398 of Indian Penal Code, 1860.
Attempt to commit robbery or dacoity when armed with deadly weapon:
This section penalises attempt to commit robbery or dacoity when armed with deadly weapon. It states that if, at the time of attempting to commit either 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. Like section 397, section 398 also is a provision relating to imposition of a minimum mandatory sentence of seven years’ imprisonment. Like section 397, section 398 is also not a substantive section but is complementary to sections 392 and 395.
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ADVERTISEMENTS:
It emphasizes that where the circumstances at the time of attempting to commit robbery or dacoity are as indicated in this section, the court has no option but to pass at least the minimum mandatory sentence provided in this section. This section is attracted only when there is an attempted robbery or attempted dacoity, and not where actual robbery or dacoity is committed.
The interpretation given by the Supreme Court that the offender himself must be armed with, a deadly weapon, and not his co-accused, for liability, is applicable under this section also, like that under section 397, as is clear from the use of the words ‘offender’ and ‘such offender’ under this section. A person cannot be convicted for abetting an offence under this section. The appropriate sections for abetment are sections 393 and 114.
The offence under section 398 is cognizable, non-bailable and non-compoundable, and is triable by court of session.