Supreme Court: What is distinction between S 396 of IPC and S 302 of IPC regarding sentencing and ingredients of the offences?

 Another distinction between Sections 302 and 396 is that under the latter, wide discretion is vested in the courts in relation awarding of punishment. The court, in exercise of its jurisdiction and judicial discretion in consonance with the established principles of law can award sentence of ten years with fine or even award sentence of life imprisonment or sentence of death, as the case may be while under Section 302, the court cannot, in its discretion, award sentence lesser than life imprisonment.

11. The ingredients of both these offences, to some extent, are also different inasmuch as to complete an offence of 'dacoity' under Section 396 IPC, five or more persons must conjointly commit the robbery while under Section 302 of the IPC even one person by himself can commit the offence of murder. But, as already noticed, to attract the provisions of Section 396, the offence of 'dacoity' must be coupled with murder. In other words, the ingredients of Section 302 become an integral part of the offences punishable under Section 396 of the IPC. Resultantly, the distinction with regard to the number of persons involved in the commission of the crime loses its significance as it is possible that the offence of 'dacoity' may not be proved but still the offence of murder could be established, like in the present case. Upon reasonable analysis of the language of these provisions, it is clear that the Court has to keep in mind the ingredients which shall constitute a criminal offence within the meaning of the penal section. This is not only essential in the case of the offence charged with but even where there is comparative study of different penal provisions as the accused may have committed more than one offence or even offences of a graver nature. He may finally be punished for a lesser offence or vice versa, if the law so permits and the requisite ingredients are satisfied.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 656 of 2005

Decided On: 04.08.2011

Rafiq Ahmed Vs. State of U.P.

Hon'ble Judges/Coram:

B.S. Chauhan and Swatanter Kumar, JJ.

Author: Swatanter Kumar, J.

Citation: 2011:INSC:546,MANU/SC/0959/2011.

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