IPC 398→BNS 312

IPC 398 to BNS 312: Attempt to commit robbery or dacoity when armed with deadly weapon

Section 398 IPC (1860) replaced by Section 312 BNS (2023)

View IPC Section 398 →View BNS Section 312 →

IPC 398 to BNS 312 at a Glance

Section 398 IPC (Attempt to commit robbery or dacoity when armed with deadly weapon) is now Section 312 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 398 to BNS 312?

Section 398 IPC corresponds to Section 312 BNS. The essential elements of the armed attempt and the mandatory minimum punishment of imprisonment for not less than seven years remain unchanged in substance.

IPC 398 vs BNS 312: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section398312
OffenceAttempt to commit robbery or dacoity when armed with deadly weaponSame
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 398 and BNS 312: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 398, IPC 1860

398. Attempt to commit robbery or dacoity when armed with deadly weapon.—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.
BNS 2023 (in force)

Section 312, BNS 2023

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.

Ingredients: IPC 398 vs BNS 312

Under IPC 398
  1. An attempt to commit robbery or dacoity
  2. The attempt had progressed beyond mere preparation to an overt act proximate to the commission of the offence
  3. The offender was armed with a deadly weapon at the time of attempting the robbery or dacoity
Under BNS 312
  1. Attempting to commit robbery or dacoity while armed with any deadly weapon
  2. Mandatory minimum imprisonment of not less than seven years under Section 312 BNS

What IPC 398 to BNS 312 Means for Pending Cases

For Section 398 IPC (now Section 312 BNS): under Section 312 BNS, the mandatory minimum punishment of seven years imprisonment for an attempt to commit robbery or dacoity while armed with a deadly weapon remains unchanged. New charges cite Section 312 BNS.

FAQs: IPC 398 to BNS 312

What changed from Section 398 IPC to Section 312 BNS?▼

The substantive law remains identical. Section 312 BNS reenacts Section 398 IPC word for word, maintaining the mandatory minimum sentence of not less than seven years imprisonment for attempting to commit robbery or dacoity while armed with a deadly weapon.

Where does Section 398 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 398 IPC is located at Section 312 BNS, under Chapter XVII, Of Offences Against Property.

Does Section 398 IPC or Section 312 BNS apply to an act done before 1 July 2024?▼

Section 398 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 398 IPC. Section 312 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 ·