Bharatiya Nyaya Sanhita, 2023
Section 312 BNS: Attempt to Commit Robbery or Dacoity When Armed With Deadly Weapon
Section 312 of the Bharatiya Nyaya Sanhita, 2023 applies where, at the time of attempting to commit robbery or dacoity, the offender is armed with a deadly weapon. The provision prescribes a statutory minimum sentence of seven years.
Section 312 BNS - Statutory Provision
If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.
The provision is directed specifically at an attempt to commit robbery or dacoity where the offender is armed with a deadly weapon at the relevant time.
Essential Ingredients of Section 312 BNS
For Section 312 to apply, the prosecution must ordinarily establish:
- that the accused attempted to commit robbery or dacoity;
- that the accused was armed with a deadly weapon; and
- that the accused was so armed at the time of the attempt.
The statutory focus is therefore on the combination of an attempted robbery or dacoity and the possession of a deadly weapon during that attempt.
Attempt to Commit Robbery or Dacoity
Section 312 applies at the stage of attempt. A completed robbery or dacoity is not necessary for this provision to be invoked. However, the conduct must go beyond mere intention or preparation and amount to an attempt to commit the underlying offence.
The underlying concepts of robbery and dacoity are dealt with in Section 309 BNS and Section 310 BNS.
Being Armed With a Deadly Weapon
Section 312 requires the offender to be armed with a deadly weapon at the time of attempting robbery or dacoity. The provision does not state that the weapon must actually be used.
Whether an article is a deadly weapon depends on its nature, capability, manner of carrying and the surrounding facts proved in the case.
Punishment, Cognizability, Bail and Trial Court
| Offence | Attempt to commit robbery or dacoity while armed with a deadly weapon |
|---|---|
| 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 |
The phrase "shall not be less than seven years" creates a minimum statutory sentence where Section 312 is attracted.
Difference Between Section 311 and Section 312 BNS
Section 311
Section 311 BNS applies at the time of committing robbery or dacoity where the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt.
Section 312
Section 312 applies at the attempt stage where the offender is armed with a deadly weapon. The statutory wording does not require actual use of that weapon.
The distinction is therefore between aggravated conduct during a completed robbery or dacoity under Section 311 and being armed with a deadly weapon during an attempted robbery or dacoity under Section 312.
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 312 BNS?
Section 312 applies where a person attempts to commit robbery or dacoity while armed with a deadly weapon.
What is the punishment under Section 312 BNS?
The imprisonment shall not be less than seven years.
Is Section 312 BNS bailable?
No. It is classified as non-bailable.
Is Section 312 BNS cognizable?
Yes. It is a cognizable offence.
Which court tries a Section 312 offence?
The offence is triable by the Court of Session.
Must the deadly weapon actually be used?
The wording of Section 312 requires that the offender be armed with a deadly weapon at the time of attempting robbery or dacoity. It does not expressly require actual use of the weapon.
This page provides general legal information. Application of Section 312 depends on the facts, evidence and law applicable to the individual case.