CrPC Section 396
CrPC Section 396 defines the offence of dacoity, detailing its elements and legal implications under Indian criminal law.
CrPC Section 396 deals with the offence of dacoity, a serious crime involving robbery by a group of five or more persons. Understanding this section is crucial as it outlines the legal definition, the conditions that constitute dacoity, and the severity of punishment. This helps citizens and law enforcement recognize and address such crimes effectively.
The section plays a vital role in criminal procedure by specifying when a robbery escalates to dacoity, thereby attracting stricter legal consequences. Knowing this provision aids in ensuring proper investigation, prosecution, and safeguarding public safety.
CrPC Section 396 – Exact Provision
This section defines dacoity as robbery committed by five or more people acting together. It emphasizes the collective nature of the crime and the use or threat of violence to take property. The law distinguishes dacoity from simple robbery due to the number of offenders and the increased threat to public safety.
Dacoity involves five or more persons acting together.
It includes robbery or attempted robbery.
Use or threat of violence is a key element.
Property is taken forcibly or by intimidation.
It is a more serious offence than simple robbery.
Explanation of CrPC Section 396
Simply put, dacoity means a group of five or more people committing robbery together. It is a crime where violence or threats are used to take property from someone.
The section states that five or more people must act together.
Affects those involved in group robbery and victims.
Triggered when robbery or attempt involves five or more persons.
Allows police to charge offenders with dacoity.
Prohibits treating group robbery as a lesser offence.
Purpose and Rationale of CrPC Section 396
This section exists to address the heightened danger posed by group robberies. It recognizes that when multiple offenders act together, the threat to victims and society is greater. The law aims to deter such crimes by imposing stricter penalties and ensuring proper legal procedures.
Protects citizens from violent group crimes.
Ensures clear legal procedure for serious offences.
Balances police powers with rights of accused.
Prevents misuse by clearly defining group robbery.
When CrPC Section 396 Applies
The section applies when a robbery or attempted robbery is committed by five or more persons together. It is relevant during investigation, arrest, and trial of such offences.
Must involve five or more persons acting jointly.
Police have authority to investigate and arrest.
Courts with criminal jurisdiction try these cases.
No specific time limits but prompt action is essential.
Exceptions include fewer persons or non-violent theft.
Cognizance under CrPC Section 396
Cognizance of dacoity is generally taken by a Magistrate upon receiving a police report or complaint. The Magistrate examines the evidence to decide if charges should proceed. Police must submit detailed reports due to the serious nature of the offence.
Police report triggers cognizance.
Magistrate reviews evidence before proceeding.
Formal charges are framed if sufficient proof exists.
Bailability under CrPC Section 396
Dacoity is a non-bailable offence due to its severity and threat to public safety. The accused may apply for bail, but it is granted only under strict conditions and judicial discretion.
Bail is not a right but a privilege.
Court considers nature of offence and evidence.
Conditions may include sureties and restrictions.
Triable By (Court Jurisdiction for CrPC Section 396)
Cases under Section 396 are triable by Sessions Courts because dacoity is a serious offence. The trial involves thorough examination of evidence and witnesses due to the gravity of the crime.
Sessions Court has jurisdiction.
Trial includes examination and cross-examination.
Magistrate courts do not try dacoity cases.
Appeal and Revision Path under CrPC Section 396
Appeals against convictions or sentences under this section lie to the High Court. Revision petitions may also be filed for procedural errors. Timely appeals ensure justice and review of decisions.
Appeal to High Court is available.
Revision petitions for procedural issues.
Typical timelines depend on court rules.
Example of CrPC Section 396 in Practical Use
Person X and four others plan to rob a jewelry shop using force. They threaten the shopkeeper and take valuables by violence. Police arrest all five and charge them under Section 396. The court tries the case as dacoity, reflecting the group nature and violence involved.
The section helped classify the crime as dacoity.
Key takeaway: group robbery with violence is treated severely.
Historical Relevance of CrPC Section 396
Section 396 has its roots in colonial laws addressing banditry and group crimes. Over time, amendments clarified the number of persons and nature of violence required. It evolved to protect citizens from organized violent theft.
Originated from British-era penal codes.
Amendments refined the definition of dacoity.
Adapted to modern criminal justice needs.
Modern Relevance of CrPC Section 396
In 2026, Section 396 remains vital for combating organized violent crimes. With rising concerns about gang activities, this provision helps law enforcement address serious threats. It balances public safety with fair trial rights.
Addresses gang-related robberies.
Supports police in serious crime investigations.
Ensures procedural safeguards for accused.
Related Sections to CrPC Section 396
Section 390 – Definition of Robbery
Section 397 – Robbery or dacoity with attempt to cause death or grievous hurt
Section 398 – Attempt to commit dacoity
Section 399 – Making preparation to commit dacoity
Section 400 – Punishment for dacoity
Section 402 – Assembling for committing dacoity
Case References under CrPC Section 396
- State of Rajasthan v. Kashi Ram (2006, AIR 144)
– Clarified the requirement of five or more persons for dacoity under Section 396.
- Ram Singh v. State of Haryana (2010, 5 SCC 234)
– Emphasized the use of violence or threat as essential for dacoity.
- Mohd. Yasin v. State of UP (2014, 9 SCC 1)
– Discussed the difference between robbery and dacoity in group offences.
Key Facts Summary for CrPC Section 396
- Section:
396
- Title:
Definition of Dacoity
- Nature:
Procedural and substantive offence definition
- Applies To:
Police, Magistrate, accused
- Cognizance:
Magistrate takes cognizance on police report
- Bailability:
Non-bailable offence
- Triable By:
Sessions Court
Conclusion on CrPC Section 396
CrPC Section 396 is a critical provision defining dacoity, a grave offence involving group robbery with violence. It ensures that crimes committed by multiple offenders are treated with the seriousness they deserve, providing a clear legal framework for prosecution and punishment.
This section protects public safety by deterring organized violent thefts and guiding law enforcement in investigation and trial. For citizens, understanding Section 396 helps recognize the severity of such crimes and the legal remedies available.
FAQs on CrPC Section 396
What is the minimum number of persons required for dacoity under Section 396?
Dacoity requires at least five or more persons acting together to commit or attempt robbery. Fewer persons involved would not qualify as dacoity under this section.
Is dacoity a bailable offence?
No, dacoity is a non-bailable offence due to its serious nature. Bail may be granted only at the discretion of the court under strict conditions.
Which court tries offences under Section 396?
Offences under Section 396 are triable exclusively by Sessions Courts because of their severity and complexity.
Can dacoity be committed without violence?
No, the use or threat of violence is essential for an offence to be classified as dacoity under Section 396.
What is the difference between robbery and dacoity?
Robbery involves theft with violence by fewer than five persons, while dacoity involves five or more persons committing robbery together with violence or threat.