Eight persons armed with deadly weapons robbed a bank by threatening the bank employees. Discuss the offence committed

Facts of the Case

Eight individuals formed a group and entered a bank fully armed with deadly weapons.
Inside the bank, they threatened the bank staff and customers with fear of instant death and used intimidation to take away cash and valuables from the bank’s possession.

The incident involved:

• A group of eight persons,
• Use of deadly weapons,
• Threatening to kill or cause serious injury,
• Commission of theft using force.

This clearly amounts to a serious and organized criminal act committed jointly.

Issues in the Case

1. Whether the act constitutes robbery or dacoity under the IPC?
2. Whether the use of deadly weapons enhances criminal liability under Section 397 IPC?
3. Whether the involvement of eight persons qualifies as dacoity under Section 395 IPC?
4. Whether all the offenders are equally liable under Section 34 IPC for sharing common intention?
5. What is the extent of punishment prescribed under relevant sections?

Legal Principles Applicable

A. Theft to Robbery — Section 390 IPC

Theft becomes robbery when:

• The offender causes fear of instant death, hurt, or wrongful restraint,
• During or in order to commit theft.

Here, employees were threatened with deadly weapons → robbery is established.

B. Section 392 IPC — Punishment for Robbery

Punishment:

• Up to 10 years imprisonment + fine
• May extend to 14 years if robbery is committed on a highway at night.

C. Dacoity — Section 395 IPC

Section 395 applies when:

• Five or more persons jointly commit or attempt to commit robbery.

Here, eight persons were involved → hence robbery becomes dacoity.

Punishment for dacoity:

• Imprisonment for life, or
• Rigorous imprisonment up to 10 years + fine.

D. Section 397 IPC — Dacoity/Robbery with Deadly Weapons

Section 397 is attracted when:

• An offender uses deadly weapons,
• Or causes/attempts to cause death or grievous hurt,
• During robbery or dacoity.

Punishment:

• Minimum sentence of 7 years for each person who used or displayed a deadly weapon.

Here, all eight were armed, so Section 397 applies.

E. Section 34 IPC — Common Intention

Since the eight offenders jointly planned and executed the act:

• Each is equally liable for the entire offence.
• Even if one individual used force, all are responsible because they acted with common intention.

F. Section 120B IPC — Criminal Conspiracy

If evidence shows planning:

• Offenders are also liable for conspiracy to commit dacoity.

Possible Judgement

Finding

All eight accused are guilty of committing dacoity with deadly weapons, a grave offence under the Indian Penal Code.

Offences Committed

1. Section 395 IPC — Dacoity (since more than five persons committed robbery).
2. Section 397 IPC — Use of deadly weapons during dacoity.
3. Section 392 IPC — Robbery (underlying offence).
4. Section 34 IPC — Common intention.
5. Section 120B IPC — Criminal conspiracy (if proven).

Reasoning

• Theft was committed with the use of deadly weapons and threats of instant death, constituting robbery.
• Since eight persons were involved, the offence is classified as dacoity under Section 395 IPC.
• The presence of deadly weapons invokes Section 397 IPC, mandating a minimum term of 7 years.
• All the offenders acted together with a common intention, making each one equally liable.
• The act is clearly pre-planned, organized, and violent.

Punishment

• Section 395 IPC:
  → Life imprisonment or imprisonment up to 10 years + fine
• Section 397 IPC:
  → Minimum 7 years imprisonment (per offender using a weapon)
• Additional punishment under Section 120B IPC for conspiracy.

About lawgnan

To understand complex IPC offences such as robbery, dacoity, use of deadly weapons, criminal conspiracy, and common intention, visit Lawgana.in for clear and reliable legal explanations. Our platform offers structured notes, case-based reasoning, and exam-friendly content perfect for law students, judiciary aspirants, and legal researchers. Whether preparing for semester exams or developing in-depth conceptual clarity, Lawgana.in provides simplified, accurate, and high-quality legal material. Explore more IPC case studies, offence classifications, punishment analyses, and practical illustrations to strengthen your legal foundation. Visit Lawgana.in today to enhance your legal knowledge effectively and confidently.