Pakistan Penal Code 1860 · Chapter XVII

PPC Section 396: Dacoity with murder

Section 396 PPC applies where a murder is committed by any one of the five or more persons committing dacoity. Each member of the group is liable, even if he did not commit the murder himself.

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Text of Section 396 PPC

If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, everyone of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than four years nor more than ten years, and shall also be liable to fine.

Ingredients of the Offence under Section 396 PPC

Dacoity as defined in Section 391
Murder committed by any one of the dacoits
Committed in the course of the dacoity

Punishment under Section 396 PPC

Death, or imprisonment for life, or rigorous imprisonment of not less than four years and not more than ten years, and liability to fine.

Is Section 396 PPC Bailable? Cr.P.C. Classification

Cognizable or not	Cognizable (may arrest without warrant)
Warrant or summons	Warrant
Bailable or not	Non-bailable
Compoundable or not	Not compoundable
Triable by	Court of Session

Source: Code of Criminal Procedure 1898, Schedule II.

FAQs on Section 396 PPC

Can a dacoit who did not kill anyone be punished under Section 396 PPC?

Yes. If any one of the dacoits commits murder during the dacoity, every one of them is liable under this section.

What is the maximum punishment under Section 396 PPC?

Death.

Is Section 396 PPC bailable?

Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 396 PPC is non-bailable, cognizable (may arrest without warrant), not compoundable, and triable by Court of Session.

Related Sections of the Pakistan Penal Code

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