Pakistan Penal Code 1860 · Chapter XVII
PPC Section 397: Robbery or dacoity, with attempt to cause death or grievous hurt
Section 397 PPC sets a minimum sentence of seven years where, during robbery or dacoity, the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt.
Text of Section 397 PPC
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.
Ingredients of the Offence under Section 397 PPC
- Robbery or dacoity being committed
- The offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt
Punishment under Section 397 PPC
The imprisonment cannot be less than seven years.
Is Section 397 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 397 PPC
Is Section 397 PPC a separate offence?
It operates with the robbery or dacoity sections and fixes a minimum term of seven years where its aggravating circumstances are proved.
Does showing a pistol count as using a deadly weapon?
Using a weapon to threaten or overawe the victim during the robbery is commonly treated as use of a deadly weapon; the facts of each case are decisive.
Is Section 397 PPC bailable?
Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 397 PPC is non-bailable, cognizable (may arrest without warrant), not compoundable, and triable by Court of Session.
Related Sections of the Pakistan Penal Code
- Section 394: Voluntarily causing hurt in committing robbery
- Section 395: Punishment for dacoity
- Section 396: Dacoity with murder
- Section 398: Attempt to commit robbery or dacoity when armed with deadly weapon
- Section 399: Making preparation to commit dacoity
- Section 400: Punishment for belonging to gang of dacoits
Facing a case under Section 397 PPC?
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