Four members armed with deadly weapons entered a bank and robbed the bank. Discuss the offence.

Facts of the Case

Four individuals formed a group and entered a bank premises. They were armed with deadly weapons such as knives, guns, or other dangerous instruments.
Inside the bank, they used force, threats, and intimidation to steal cash and valuables kept in the bank’s custody.

Their act involved:

• Preparation and execution of a robbery,
• Use of deadly weapons,
• Criminal force and fear of death,
• Committing theft during the incident.

The question is: What offences have these four persons committed under the Indian Penal Code?

Issues in the Case

1. Whether the act committed amounts to robbery or dacoity?
2. Whether the presence of deadly weapons enhances the seriousness of the offence?
3. Whether the act was committed jointly by five or more persons (necessary for dacoity)?
4. What sections of the IPC apply to robbery committed by a group armed with weapons?
5. What punishment do the offenders face under IPC?

Legal Principles Applicable

A. Theft and Robbery — Sections 378 & 390 IPC

• Theft involves taking movable property without consent.
• Theft becomes robbery (Section 390 IPC) when:
  1. Force or fear of instant death,
  2. Instant hurt, or
  3. Instant wrongful restraint
     is used during the commission of theft.

Here, weapons create fear of death → hence robbery is complete.

B. Section 392 IPC — Punishment for Robbery

• Robbery is punishable with imprisonment up to 10 years and fine.
• If committed on a highway or at night, punishment may be up to 14 years.

C. Robbery with Deadly Weapons — Section 397 IPC

Section 397 is attracted when:

1. The accused uses any deadly weapon,
2. Causes or attempts to cause grievous hurt,
3. Attempts to cause death or fear of death during robbery.

Punishment:

• Minimum 7 years imprisonment for each person using a deadly weapon.

Even displaying a deadly weapon is sufficient to invoke Section 397.

D. Section 395 IPC — Dacoity

If five or more persons commit or attempt to commit robbery, it becomes dacoity.
Here, only four members are involved.
Therefore, robbery (not dacoity) applies.

E. Section 34 IPC — Common Intention

All four members are jointly liable because:

• They shared a common intention to rob the bank,
• The act was done in furtherance of their joint plan,
• Hence, they are all equally responsible under Section 34 IPC.

F. Section 120B IPC — Criminal Conspiracy (Optional)

If evidence shows an agreement to commit bank robbery, Section 120B applies.
A conspiracy to commit robbery is itself punishable.

Possible Judgement

Finding

All four accused are liable for robbery with use of deadly weapons under the IPC.

Offences Committed

1. Section 390 IPC — Robbery
2. Section 392 IPC — Punishment for Robbery
3. Section 397 IPC — Robbery or dacoity with attempt to cause death or grievous hurt
4. Section 34 IPC — Acts done by several persons in furtherance of common intention
5. Section 120B IPC (optional) — Criminal conspiracy to commit robbery.

Reasoning

• Theft was committed with the use of deadly weapons → robbery is established.
• The presence of weapons created fear of death, making the act more severe.
• Common intention among all four offenders makes them jointly liable even if only one held a weapon.
• However, since only four persons participated, the offence is robbery, not dacoity.

Punishment

1. Section 392 IPC – up to 10 years imprisonment and fine.
2. Section 397 IPC – minimum 7 years imprisonment (per offender using a weapon).
3. If conspiracy is proven → additional punishment under Section 120B IPC.

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