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Preparation and Assembling to Commit Dacoity - Sections 399 and 402 IPC

By P. R. Thakur

Published In

Cri LJ 2000

Under the Indian Penal Code, 1860 (IPC), ordinarily, mere preparation to commit an offence is not punishable. However there are three situations provided in the IPC in which mere preparation to commit an offence is severely punishable. They are : Preparation to wage war against the Government of India (Section 122-Punishable with imprisonment for life or ten years and fine). Preparation to commit depredation on the territories of any Power at peace with the Government of India (Section 126 — Punishable with imprisonment for seven years and fine, and forfeiture of certain property); and Preparation to commit dacoity (Section 399 — Punishable with rigorous imprisonment for ten years and fine). Similarly, mere assembling for the purpose of committing dacoity, even without proof of other preparation, is punishable under Section 402 IPC with rigorous imprisonment for a term which may extend to seven years and also fine. Sectio ....

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