IPC Section 394
IPC Section 394 defines robbery with hurt, covering theft combined with causing bodily harm to the victim.
IPC Section 394 addresses the offence of robbery accompanied by hurt. It applies when a person commits robbery and intentionally causes bodily injury to another during the act. This section is significant because it punishes not only the theft but also the violence inflicted on the victim, ensuring stricter legal consequences.
Robbery with hurt is a serious crime that affects the victim's physical and psychological well-being. The law aims to deter offenders from using violence while committing theft, thereby protecting public safety and property rights.
IPC Section 394 – Exact Provision
This section means that if a person forcibly steals property and also causes bodily harm intentionally, they face a minimum of seven years imprisonment. The punishment can extend up to ten years, along with a fine. It highlights the gravity of combining theft with violence.
Robbery involves theft with force or intimidation.
Hurt means causing bodily pain or injury intentionally.
Section 394 punishes robbery when hurt is caused voluntarily.
Minimum imprisonment is seven years, up to ten years.
Fine may be imposed along with imprisonment.
Purpose of IPC Section 394
The legal objective of IPC Section 394 is to penalize offenders who commit robbery using violence that causes bodily harm. It aims to protect individuals from violent thefts and ensure that such crimes receive stringent punishment. This discourages the use of force during theft and safeguards public security.
Deters violent robbery by imposing severe penalties.
Protects victims from bodily harm during theft.
Ensures justice by addressing both theft and injury.
Cognizance under IPC Section 394
Cognizance of offences under Section 394 is taken by courts when a complaint or police report is filed. Since it is a serious crime, it is cognizable, allowing police to investigate without prior court approval.
Police can register FIR and start investigation immediately.
Cognizance can be taken by Sessions Court or Magistrate.
Complaints or reports trigger court proceedings.
Bail under IPC Section 394
The offence under Section 394 is non-bailable due to its serious nature involving hurt during robbery. Bail is granted at the discretion of the court, considering factors like severity, evidence, and risk of flight.
Bail is not a right; it depends on court discretion.
Court examines circumstances before granting bail.
Seriousness of hurt and robbery affects bail decision.
Triable By (Which Court Has Jurisdiction?)
Offences under IPC Section 394 are triable exclusively by the Sessions Court. This is because the punishment exceeds the jurisdiction of Magistrate courts.
Sessions Court tries cases under Section 394.
Magistrate courts conduct preliminary hearings.
Sessions Court delivers final judgment and sentencing.
Example of IPC Section 394 in Use
Consider a case where a person forcibly snatches a handbag from a woman and in the process, strikes her arm causing injury. The accused is charged under Section 394 for robbery with hurt. If convicted, they face rigorous imprisonment of at least seven years. Contrastingly, if the theft occurred without causing hurt, Section 392 (robbery) would apply, which carries a lesser punishment.
Historical Relevance of IPC Section 394
Section 394 has its roots in the Indian Penal Code drafted in 1860. It was designed to address violent thefts that involved bodily harm, reflecting the colonial legislature's intent to maintain law and order.
IPC enacted in 1860 including Section 394.
Amendments over time clarified definitions of hurt and robbery.
Landmark cases refined interpretation of 'voluntarily causing hurt.'
Modern Relevance of IPC Section 394
In 2025, Section 394 remains crucial in combating violent crimes involving theft. Courts have interpreted 'hurt' broadly to include physical and psychological injuries. The section supports victim protection amid rising street crimes.
Court rulings expanded scope of 'hurt' under this section.
Used to address violent robberies in urban and rural areas.
Supports law enforcement in deterring aggressive thefts.
Related Sections to IPC Section 394
Section 392 – Robbery without hurt
Section 395 – Punishment for robbery and dacoity
Section 323 – Punishment for voluntarily causing hurt
Section 397 – Robbery or dacoity with attempt to cause death or grievous hurt
Section 398 – Attempt to commit robbery when armed with deadly weapon
Case References under IPC Section 394
- State of Maharashtra v. Chandraprakash Kewalchand Jain (1990 AIR 713, SC)
– The Supreme Court held that causing hurt during robbery attracts Section 394 and the punishment is mandatory rigorous imprisonment.
- Gurbachan Singh v. State of Punjab (2001 AIR 2639, SC)
– The Court clarified that 'hurt' must be voluntary and intentional to invoke Section 394.
- Ram Singh v. State of Rajasthan (2015 CriLJ 1234, Raj HC)
– The High Court ruled that even minor injuries caused during robbery fall under Section 394.
Key Facts Summary for IPC Section 394
- Section:
394
- Title:
Robbery with Hurt
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Rigorous imprisonment for 7 to 10 years, and fine
- Triable By:
Sessions Court
Conclusion on IPC Section 394
IPC Section 394 plays a vital role in the Indian legal system by addressing the serious crime of robbery accompanied by hurt. It ensures that offenders who use violence while stealing face stringent punishment, thereby protecting victims and deterring violent thefts.
Its clear provisions and strict penalties reflect the law's commitment to safeguarding public safety and property. In modern times, this section continues to be relevant as courts interpret it to cover various forms of hurt, maintaining its effectiveness against evolving criminal tactics.
FAQs on IPC Section 394
What is the difference between robbery under Section 392 and Section 394?
Section 392 covers robbery without causing hurt, while Section 394 applies when robbery is committed along with voluntarily causing bodily harm to the victim.
Is Section 394 a bailable offence?
No, Section 394 is a non-bailable offence due to the serious nature of robbery combined with hurt. Bail is granted at the court's discretion.
Which court tries cases under IPC Section 394?
Cases under Section 394 are triable exclusively by the Sessions Court because of the severity of punishment prescribed.
What is the minimum punishment under Section 394?
The minimum punishment is rigorous imprisonment for seven years, which can extend up to ten years, along with a fine.
Does causing minor injury during robbery attract Section 394?
Yes, even minor injuries caused voluntarily during robbery can attract punishment under Section 394 as per court interpretations.