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IPC 398 vs BNS 398

● Retained in BNS
Indian Penal Code, 1860 § IPC 398

Robbery, when armed with deadly weapon


Section 398 of the Indian Penal Code, 1860, deals with robbery committed while being armed with a deadly weapon, specifically when combined with dacoity or robbery with multiple offenders. This section emphasizes the heightened danger posed when offenders carry weapons, increasing the severity of the crime.

Key points:

  • Applies when a person commits robbery or dacoity armed with a deadly weapon.

  • Punishment: Rigorous imprisonment for life, or imprisonment up to 10 years, and fine.

  • Emphasizes protection against armed robbery and violent theft.

For example, if a gang of robbers uses firearms to threaten victims during a robbery, it constitutes an offence under IPC 398. The law ensures maximum deterrence against armed and violent robberies, safeguarding life and property.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 398

Robbery, when armed with deadly weapon


Section 398 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 398. It punishes acts of robbery or dacoity committed while armed with a deadly weapon, maintaining the same legal scope and punishments as IPC 398.

Key points:

  • Protects individuals from armed robbery and group violence.

  • Punishment remains rigorous imprisonment for life, or up to 10 years, and fine.

  • Covers acts where offenders use deadly weapons to commit robbery or dacoity.

For instance, a gang threatening a store owner with firearms to steal money falls under BNS 398. This provision ensures strict deterrence against armed robbery, fully aligning with IPC 398.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 398 to BNS BNS 398.