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Report No. 156

Clauses 165 & 166

of" the words "committing or" are sought to be inserted and for the words "seven years", the words "five years" are sought to be substituted.

Section 397 contemplates even use of any deadly weapon while committing robbery or dacoity apart from causing grievous hurt or attempt to cause death or grievous hurt. Likewise section 398 which deals with attempt to commit robbery or dacoity also lays down that if the offender is armed with any deadly weapon the imprisonment shall not be less than seven years. It can be seen that under section 397 the emphasis is on use of any deadly weapon or whereas in section 398 mere being armed with any deadly weapon. This is more explanatory.

This clause is proper and in the same section the words "five years" in place of "seven years" thereby making the punishment less severe also appears to be proportionate with the gravity of offence. However, we do not find any reason as to why the words "uses any deadly weapon" should be omitted in section 397. Otherwise, in a case where a dacoit being armed with deadly weapon puts into use any deadly weapon for creating fear without causing grievous hurt or attempting to cause hurt may not be covered by the section. So it is better to retain the words and clause 165 may be omitted.

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