Brandishing Or Holding Weapon Openly By The Accused Sufficient For Section 397 IPC: SC

• In the instant case of Ram Ratan vs. State of Madhya Pradesh a bench of CJI NV Ramana and Justices AS Bopanna and Hima Kohli were hearing an appeal against the order of the Madhya Pradesh HC in which the accused was convicted under section 392/397 of IPC.
• The appellant has claimed that the firearm was not put to any use, and the Apex Court had to decide whether a charge under section 397 IPC would be maintainable if there was no evidence to suggest that the appellant had used the firearm.
• The bench, in the instant case partly allowed the appeal, upholding the conviction under section 392 IPC and setting aside the conviction under section 397 of IPC. the court observed-

“It is clear that the use of the weapon to constitute the offence under section 397 of IPC does not require that the offender must actually fire from the firearm or must actually stab if it is a knife or a dagger, but the mere brandishing or holding it openly to threaten and create fear or apprehension in the mind of the victim is sufficient. The other aspect is that if the charge of committing 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 alone would be liable to be charged under section 397of IPC”.

• The Court also said that the benefit of the interpretation of section 397 IPC would be available to an offender if there was no specific allegation against him.
• The Court, while upholding the conviction under section 392 IPC held that-

“It is no doubt true that the appellant had participated in the offence of committing robbery since ultimately the motorcycle was hidden at a place which was known to the appellant and the property seizure memo indicates that the motorcycle was recovered at the instance of the appellant that certainly constitutes an offence under section 392 IPC”.

Answer the following in the comment section below-
What punishment has been provided under section 397 IPC (robbery with attempt to cause death or grievous hurt) ?