Pakistan Penal Code 1860 · Chapter XVII
PPC Section 398: Attempt to commit robbery or dacoity when armed with deadly weapon
Section 398 PPC sets a minimum sentence of seven years where the offender is armed with a deadly weapon at the time of attempting robbery or dacoity.
Text of Section 398 PPC
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.
Ingredients of the Offence under Section 398 PPC
- An attempt to commit robbery or dacoity
- The offender is armed with a deadly weapon at the time
Punishment under Section 398 PPC
The imprisonment cannot be less than seven years.
Is Section 398 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 398 PPC
How does Section 398 relate to Section 393 PPC?
Section 393 punishes an attempt at robbery with up to seven years. Where the offender is armed with a deadly weapon, Section 398 requires at least seven years.
Must the weapon be used under Section 398 PPC?
No. Being armed with a deadly weapon at the time of the attempt is sufficient.
Is Section 398 PPC bailable?
Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 398 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 395: Punishment for dacoity
- Section 396: Dacoity with murder
- Section 397: Robbery or dacoity, with attempt to cause death or grievous hurt
- Section 399: Making preparation to commit dacoity
- Section 400: Punishment for belonging to gang of dacoits
- Section 401: Punishment for belonging to gang of thieves
Facing a case under Section 398 PPC?
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