P&H: Acquits acquitted accused Says Planning Robbery Alone Is Not an Offence Under IPC

punjab-haryana
⚖️ Order Date: 27 Oct 2026
Headnotes

(i) Indian Penal Code, 1860, Ss.398, 399 — Robbery — Attempt and preparation — Where prosecution case alleged only that four persons armed with weapons had assembled and were planning to commit robbery, with no allegation of robbery or an attempt to commit it, the...

(2) Indian Penal Code, 1860, Ss.391 and 398 — Dacoity — S.391 requires involvement of minimum of five persons for commission of dacoity — Since only four persons had assembled, dacoity could not have been committed by that assembly. (Para 16)

(3) Indian Penal Code, 1860, S.398 — Robbery — Where allegations in police report u/s.173 CrPC did not disclose essential ingredients of an offence u/s.398 IPC, conviction was not sustainable.  (Paras 20 and 21)


Facts of the Case

P&H: Acquits acquitted accused Says Planning Robbery Alone Is Not an Offence Under IPC

The Punjab and Haryana High Court has acquitted two men convicted under Section 398 of the Indian Penal Code (IPC), ruling that merely assembling with weapons and planning a robbery does not establish the offence. Justice Surya Partap Singh held that the prosecution must show that a robbery or dacoity was committed, or that an attempt was made to commit one.

The case arose from a police raid in February 2003. According to the prosecution, four men had gathered in an under-construction building and were armed with weapons while planning a robbery. They were convicted under Section 398 IPC and...

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