Criminal Liability For Highway Robberies Under Penal Code
1. Legal Framework: Highway Robbery in Bangladesh
Relevant Penal Code Sections:
Section 392 – Robbery
Defines robbery as theft accompanied by voluntarily causing, attempting to cause, or threatening to cause death, hurt, or wrongful restraint.
Key elements:
Theft from a person or property
Use of force, intimidation, or threat
Immediate presence of the victim
Section 397 – Robbery with deadly weapon
Robbery committed using deadly weapons such as knives, firearms, sticks, or iron rods.
Section 398 – Attempt to commit robbery with deadly weapons
Covers attempts or preparation to commit armed robbery.
Section 399 – Gang involvement in robbery
If two or more persons form a gang and commit robbery, all are criminally liable, including abettors.
Section 34 – Common intention
Holds every member of a group liable for acts done in furtherance of a common intention.
Punishment:
Section 392: rigorous imprisonment up to 10 years, plus fine.
Section 397: imprisonment up to life and/or death in some extreme cases.
Other provisions
Sections 449, 450 (criminal trespass) sometimes used if robbery involves property encroachment.
Section 376 (hurt) or 302 (murder) may be added if robbery leads to injury or death.
2. Case Illustrations of Highway Robbery
Case 1: Highway Robbery on Dhaka–Chittagong Highway (2015)
Facts:
A group of six armed men stopped a passenger bus near Meghna Bridge. They forcibly took cash, jewelry, and mobile phones from passengers. One passenger resisted and was injured.
Charges:
Section 392 (robbery)
Section 397 (armed robbery with deadly weapon)
Section 34 (common intention)
Investigation & Prosecution:
Police collected victim statements, recovered weapons, and identified suspects via bus staff.
Suspects arrested and presented in court.
Outcome:
Conviction of four suspects; sentences ranged from 10 years to life imprisonment depending on degree of participation.
Two minors were sent to juvenile correction centers.
Significance:
Demonstrates application of Section 34 for gang liability.
Use of weapons escalates severity under Section 397.
Case 2: Robbery on Rural Highway, Barisal Division (2017)
Facts:
Two motorcyclists stopped a small goods van transporting cash to a bank. They threatened the driver with knives and forcibly took Tk 1.2 lakh. The driver reported immediately to the police.
Charges:
Section 392 (robbery)
Section 397 (armed robbery)
Investigation & Prosecution:
Police traced the robbers via CCTV and mobile phone tracking.
Evidence included recovered stolen cash, knives, and witness testimony.
Outcome:
The court sentenced the two offenders to 12 years rigorous imprisonment and fine.
Significance:
Illustrates robbery in rural contexts, where highways are less patrolled.
Rapid police action and evidence collection were key to prosecution.
Case 3: Armed Highway Robbery Leading to Death – Sylhet–Moulvibazar Road (2019)
Facts:
A group of five men attempted to rob a passenger van; one passenger was stabbed and died at the scene.
Charges:
Section 302 (murder)
Section 397 (armed robbery)
Section 34 (common intention)
Investigation & Prosecution:
Forensic evidence, autopsy reports, and witness statements were crucial.
Police arrested all five suspects; one confessed to stabbing, others implicated in robbery planning.
Outcome:
The main perpetrator received death sentence.
Other accomplices received life imprisonment for robbery with deadly weapon under Section 397 and Section 34.
Significance:
Shows escalation from robbery to homicide triggers heavier punishment.
Section 34 ensures all gang members are criminally liable even if they didn’t inflict the fatal blow.
Case 4: Attempted Highway Robbery with Vehicle Hijacking – Jessore–Khulna Highway (2018)
Facts:
Three individuals attempted to rob a truck transporting garments but were chased by the driver and local villagers. They fled without taking cash but attempted to threaten and restrain the driver.
Charges:
Section 398 (attempted robbery with deadly weapon)
Section 392 (robbery attempt)
Section 34 (common intention)
Investigation & Prosecution:
Police arrested suspects based on local witness testimony and vehicle tracking.
Seized knives and rods used in the attempt.
Outcome:
Convicted for attempted robbery; sentenced to 7 years rigorous imprisonment.
Significance:
Demonstrates that even attempted highway robbery carries criminal liability.
Case 5: Highway Robbery Gang Arrest – Tangail–Mymensingh Highway (2020)
Facts:
A gang of eight men repeatedly stopped buses and trucks, robbing cash and mobile phones over several months.
Charges:
Section 392 (repeated robbery)
Section 397 (armed robbery)
Section 399 (gang participation)
Section 34 (common intention)
Investigation & Prosecution:
Police collected multiple FIRs, CCTV footage, and recovered stolen cash.
Weapons were recovered, including knives and rods.
Outcome:
All eight were convicted; sentences ranged from 10 years to life imprisonment.
Heavy fines imposed to compensate victims.
Significance:
Demonstrates use of Section 399 for organized gangs.
Emphasizes systematic prosecution using multiple FIRs and evidence from repeated crimes.
Case 6: Robbery of Goods Van on Rural Highway, Rangpur (2016)
Facts:
Three robbers stopped a goods van, beat the driver, and stole cash and mobile phones. Victims were from nearby villages.
Charges:
Section 392 (robbery)
Section 397 (armed robbery)
Section 34 (common intention)
Investigation & Prosecution:
Police investigation included recovery of stolen property, witness statements, and confession of one suspect.
Outcome:
Conviction of all three; sentences ranged from 10–15 years rigorous imprisonment.
Significance:
Illustrates rural highway robberies target goods carriers and vulnerable drivers.
Recovery of evidence critical for successful prosecution.
3. Key Takeaways on Criminal Liability
Types of liability:
Individual acts (robbery with weapon)
Gang liability under Section 34
Attempted robbery under Section 398
Death or grievous injury elevates charge (Sections 302/324)
Evidence critical for prosecution:
Eyewitness testimony
Weapons recovered
CCTV or vehicle tracking
Confessions
Punishment spectrum:
Standard robbery: rigorous imprisonment 7–10 years
Armed robbery: life imprisonment or death if homicide occurs
Attempted robbery: 5–7 years
Special considerations:
Rural highways are poorly policed; delayed reporting can complicate prosecution
Organized gangs are prosecuted under Sections 399 and 34 jointly
Victim compensation often accompanies fines
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