IPC 396 & 397 vs BNS 163 & 309: Dacoity with Murder & Armed Robbery (2024)

Section 396 / BNS 163 is one of the IPC's most sweeping collective liability provisions — it applies the death penalty to every member of a dacoity gang if any member commits murder during the course of the dacoity. A gang member who never fired a weapon, who was posted outside as a lookout, who only drove the vehicle — all face the same maximum punishment as the person who pulled the trigger. This radical collective accountability reflects the law's categorical condemnation of joining an armed gang engaged in organised violent crime. Section 397 / BNS 309's mandatory 7-year minimum for armed robbery/dacoity similarly removes judicial discretion to ensure that weapon-use in robbery always attracts serious custodial punishment.