who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC: SC

07 May 2024 8:19 AM

By: Admin

Penal Code, 1860 – Section 397 – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC.

Penal Code, 1860 – Section 397 – the use of the weapon to constitute the offence under Section 397 IPC does not require that the ‘offender’ should actually fire from the firearm or actually stab if it is a knife or a dagger but the mere exhibition of the same, brandishing or holding it openly to threaten and create fear or apprehension in the mind of the victim is sufficient.

D.D- December 17, 2021

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