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

Bharatiya Nyaya Sanhita, 2023

Section 312 BNS at a Glance

Section 312 BNS deals with attempt to commit robbery or dacoity when armed with deadly weapon. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 398 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 398 →

Section 312 BNS Bare Act Text

312. 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.

Source: Section 312, Bharatiya Nyaya Sanhita, 2023

Section 312 BNS in Simple Words

Section 312 of the Bharatiya Nyaya Sanhita (BNS) deals with an attempted robbery or dacoity where the person is armed with a deadly weapon. The law does not wait for the robbery or dacoity to be completed. If the accused tried to commit either offence and was carrying a deadly weapon at that time, this section can apply.

The focus is on the attempt and the dangerous preparation shown by the weapon. This provision is meant to stop violent street crimes at an early stage. It usually applies to the person who actually made the attempt while armed, not to someone who was only present without sharing the same intention.

In practice, police and courts look at the recovery of the weapon, the conduct of the accused, and whether there was a real attempt to commit robbery or dacoity. The punishment is severe because the law treats armed attempts as a serious threat to public safety, even if no property was finally taken.

Ingredients of Section 312 BNS

  • Attempting to commit robbery or dacoity while armed with any deadly weapon
  • Mandatory minimum imprisonment of not less than seven years under Section 312 BNS

Punishment Under Section 312 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 ⓘ

Attempting to commit robbery or dacoity while armed with any deadly weapon carries a mandatory minimum term of imprisonment of not less than seven years, with no fine prescribed.

Example of Section 312 BNS

As Anil walked towards a cash collection depot on the outskirts of Patna carrying fifty thousand rupees, Gopal intercepted him while brandishing a dagger and demanded the bag, while Nisha watched from across the street. Anil shouted and stepped back before Gopal could grab the bag, prompting nearby shopkeepers to intervene and causing Gopal to flee. Gopal attempted to commit robbery while armed with a deadly weapon. Gopal is subject to imprisonment for not less than seven years under Section 312 BNS.

When Section 312 BNS Does Not Apply

  • The acts amounted only to preparation and had not progressed to an attempt to commit robbery or dacoity
  • The offender was not armed with any weapon, or the weapon was not a deadly weapon
  • The accused was an accomplice who was not personally armed with a deadly weapon at the time of the attempt

Section 312 BNS in the IPC (Previous Law)

Section 312 BNS replaces Section 398 IPC from the old criminal code.

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.

View IPC Section 398 →

FAQs on Section 312 BNS

Does Section 312 BNS apply even if no theft actually happened?▼

Yes. The law punishes the attempt itself when it is made with a deadly weapon. Completion of robbery or dacoity is not required.

What counts as a deadly weapon under Section 312 BNS?▼

It is usually a weapon that can cause death or serious injury, such as a knife, pistol, country-made firearm, or similar dangerous object. The court will look at the nature of the weapon and how it was carried or used.

Under Section 312 BNS, is mere possession of a weapon enough?▼

No. The prosecution must also show an actual attempt to commit robbery or dacoity. Simple possession without proof of the attempted offence is not enough on its own.

Can a charge under Section 312 BNS be added with other offences?▼

Yes. In many cases, police may also add charges for hurt, criminal intimidation, unlawful assembly, or arms-related offences. The final charge depends on the facts and the evidence collected.

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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 ·