Attempt to commit robbery or dacoity when armed with deadly weapon
What this section does
This section prescribes a mandatory minimum sentence where an offender, while attempting (but not completing) robbery or dacoity, is armed with a deadly weapon. The mere attempt combined with being armed triggers the enhanced punishment.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment not less than 7 years (mandatory minimum).
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Attempt to commit robbery or dacoity (not necessarily completed)
- Offender is armed with a deadly weapon at the time of such attempt
Practitioner note
Mandatory minimum of 7 years applies even at the attempt stage, provided the offender is armed with a deadly weapon. No maximum is stated in this section; the maximum follows from the applicable attempt provision.
Derived from IPC s.398.
Read the official text
For the binding statutory text of BNS Section 312, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 312 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.