Bharatiya Nyaya Sanhita, 2023
Section 311 BNS: Robbery or Dacoity With Deadly Weapon or Grievous Hurt
Section 311 of the Bharatiya Nyaya Sanhita, 2023 prescribes a minimum punishment where, at the time of committing robbery or dacoity, the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt.
Section 311 BNS - Statutory Provision
If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
Section 311 does not create ordinary robbery or dacoity. Those offences are dealt with in Section 309 BNS and Section 310 BNS. Section 311 applies when the commission of robbery or dacoity is accompanied by one of the aggravating circumstances specifically stated in the provision.
Essential Ingredients of Section 311 BNS
For Section 311 to apply, the prosecution must ordinarily establish:
- that robbery or dacoity was being committed;
- that the relevant conduct occurred at the time of committing the robbery or dacoity; and
- that the offender either used a deadly weapon, caused grievous hurt to a person, or attempted to cause death or grievous hurt to a person.
The aggravating conduct must therefore be connected in time with the commission of robbery or dacoity.
Use of a Deadly Weapon Under Section 311
One of the three statutory alternatives is the use of a deadly weapon while committing robbery or dacoity. The section focuses on actual use of the weapon at the time of commission.
Whether an object amounts to a deadly weapon and whether it was "used" are questions that depend on the nature of the object, the manner in which it was employed, and the evidence in the particular case.
Grievous Hurt and Attempt to Cause Death or Grievous Hurt
Section 311 also applies where the offender causes grievous hurt to any person while committing robbery or dacoity. It further covers an attempt to cause death or an attempt to cause grievous hurt, even if death or grievous hurt is not ultimately caused.
The three alternatives in the section are separate: use of a deadly weapon, causing grievous hurt, or attempting to cause death or grievous hurt. Proof of any one of these, together with the underlying robbery or dacoity and the required timing, may bring Section 311 into consideration.
Punishment, Cognizability, Bail and Trial Court
| Offence | Robbery or dacoity with use of a deadly weapon, grievous hurt, or attempt to cause death or grievous hurt |
|---|---|
| Punishment | Imprisonment for not less than seven years |
| Cognizable | Yes |
| Bailable | No - classified as non-bailable |
| Trial court | Court of Session |
| Procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
Section 311 sets a statutory minimum term. The sentence cannot be less than seven years where the provision is attracted.
Minimum Seven-Year Sentence
The wording of Section 311 is important because it states that the imprisonment "shall not be less than seven years." This creates a minimum statutory floor rather than merely prescribing a maximum term.
Official Legal Sources
For authoritative statutory wording, procedural classification and commencement information, consult India Code and the Ministry of Home Affairs resources listed in the right sidebar. The official Act, First Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is Section 311 BNS?
Section 311 applies when, during the commission of robbery or dacoity, the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt.
What is the punishment under Section 311 BNS?
The imprisonment shall not be less than seven years.
Is Section 311 BNS bailable?
No. The BNSS First Schedule classifies Section 311 as non-bailable.
Is Section 311 BNS cognizable?
Yes. It is a cognizable offence.
Which court tries an offence under Section 311 BNS?
The offence is triable by the Court of Session.
Must grievous hurt actually be caused?
No in every case. Section 311 also applies where the offender attempts to cause death or grievous hurt, or uses a deadly weapon while committing robbery or dacoity.
This page provides general legal information. Application of Section 311 depends on the facts, evidence and law applicable to the individual case.