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

Bharatiya Nyaya Sanhita, 2023

Section 311 BNS at a Glance

Section 311 BNS deals with robbery, or dacoity, with attempt to cause death or grievous hurt. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 397 IPC on 1 July 2024.

Punishment

Imprisonment shall not be less than seven years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
IPC Equivalent

Section 397 →

Section 311 BNS Bare Act Text

311. 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.

Source: Section 311, Bharatiya Nyaya Sanhita, 2023

Section 311 BNS in Simple Words

Section 311 of the Bharatiya Nyaya Sanhita (BNS) deals with robbery or dacoity where the offender uses a deadly weapon, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person. The law does not punish the robbery alone here. It focuses on the added danger created by the manner in which the offence is carried out. This section applies to the person who actually uses the weapon or causes or attempts the serious harm during the offence.

It is often used in violent street robberies, armed snatching cases, and dacoity cases where the victim is threatened with knives, pistols, sticks, or other dangerous means. The practical significance is serious. Even if no major injury finally occurs, the attempt itself can bring strict punishment because the law treats the threat to life and bodily safety as grave.

Ingredients of Section 311 BNS

  • Using any deadly weapon, causing grievous hurt, or attempting death or grievous hurt at the time of committing robbery or dacoity
  • Mandatory minimum imprisonment of not less than seven years under Section 311 BNS

Punishment Under Section 311 BNS

Imprisonment

Imprisonment shall not be less than seven years.

Fine

No fine is prescribed by this section.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Using any deadly weapon, causing grievous hurt, or attempting death or grievous hurt during robbery or dacoity carries a mandatory minimum term of imprisonment of not less than seven years, with no fine prescribed.

Example of Section 311 BNS

During an evening robbery of a jewellery shop in Thrissur, Karthik brandished an open hunting knife at the store manager while demanding forty thousand rupees from the cash counter, while Zoya gathered the money. When the manager hesitated, Karthik slashed at his arm, inflicting a deep wound. Karthik used a deadly weapon and caused hurt at the time of committing robbery. Karthik is subject to the mandatory minimum term of not less than seven years imprisonment under Section 311 BNS.

When Section 311 BNS Does Not Apply

  • No robbery or dacoity was committed
  • The weapon was not a deadly weapon, and no grievous hurt was caused or attempted
  • The violence occurred during an independent dispute unconnected with robbery or dacoity

Section 311 BNS in the IPC (Previous Law)

Section 311 BNS replaces Section 397 IPC from the old criminal code.

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.

View IPC Section 397 →

FAQs on Section 311 BNS

Does Section 311 BNS apply if no one was actually injured?▼

Yes. The section can still apply if the accused used a deadly weapon or made an attempt to cause death or grievous hurt during the robbery or dacoity. Actual injury is not always necessary.

Is every person in the robbery case punished under Section 311 BNS?▼

No. The provision generally applies to the person who actually used the weapon or made the attempt. Courts look for direct involvement in the violent act, not just general participation.

What is the minimum punishment under Section 311 BNS?▼

The imprisonment for the offender shall not be less than seven years. This section sets a mandatory minimum term of imprisonment and does not prescribe a separate fine.

Can the offence under Section 311 BNS be compounded or settled privately?▼

No. It is a serious cognizable and non-compoundable offence. Private compromise does not automatically end criminal proceedings.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·