IPC 397→BNS 311

IPC 397 to BNS 311: Robbery, or dacoity, with attempt to cause death or grievous hurt

Section 397 IPC (1860) replaced by Section 311 BNS (2023)

View IPC Section 397 →View BNS Section 311 →

IPC 397 to BNS 311 at a Glance

Section 397 IPC (Robbery, or dacoity, with attempt to cause death or grievous hurt) is now Section 311 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 397 to BNS 311?

Section 397 IPC corresponds to Section 311 BNS. The three statutory alternatives and the mandatory minimum sentence of imprisonment for not less than seven years remain unchanged in substance.

IPC 397 vs BNS 311: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section397311
OffenceRobbery, or dacoity, with attempt to cause death or grievous hurtSame
PunishmentImprisonment shall not be less than seven years.Same
FineNo fine is prescribed by this section.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 397 and BNS 311: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 397, IPC 1860

397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—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.
BNS 2023 (in force)

Section 311, BNS 2023

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.

Ingredients: IPC 397 vs BNS 311

Under IPC 397
  1. The commission of robbery or dacoity
  2. At the time of committing the robbery or dacoity, the offender uses any deadly weapon, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person
  3. The three statutory circumstances are disjunctive alternatives, so proof of any one satisfies the condition
Under BNS 311
  1. Using any deadly weapon, causing grievous hurt, or attempting death or grievous hurt at the time of committing robbery or dacoity
  2. Mandatory minimum imprisonment of not less than seven years under Section 311 BNS

What IPC 397 to BNS 311 Means for Pending Cases

For Section 397 IPC (now Section 311 BNS): under Section 311 BNS, the mandatory minimum sentence of seven years imprisonment for using a deadly weapon, causing grievous hurt, or attempting death or grievous hurt during robbery or dacoity remains unchanged. Charges for conduct committed after the BNS took effect cite Section 311 BNS.

FAQs: IPC 397 to BNS 311

What changed from Section 397 IPC to Section 311 BNS?▼

The substantive law remains identical. Section 311 BNS reenacts Section 397 IPC word for word, maintaining the mandatory minimum sentence of not less than seven years imprisonment where the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt during robbery or dacoity.

Where does Section 397 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 397 IPC is located at Section 311 BNS, under Chapter XVII, Of Offences Against Property.

Does Section 397 IPC or Section 311 BNS apply to an act done before 1 July 2024?▼

Section 397 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 397 IPC. Section 311 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·