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Bharatiya Nyaya Sanhita, 2023 Chapter XVII · Of Offences Against Property
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Bharatiya Nyaya Sanhita, 2023 — Section 311

Robbery, or Dacoity, with Attempt to Cause Death or Grievous Hurt

Section 311 lays down a floor for the sentence in an aggravated robbery or dacoity. If, at the time of committing 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, the imprisonment imposed on that offender shall not be less than seven years. The section corresponds to IPC Section 397, and the two texts read the same.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 311 is marked Exact correspondence — it descends from one section of the old Indian Penal Code, 1860, and the operative wording of the provision matches, with one word differing between the two texts consulted (explained below):

BNS 311CoversIPC, 1860 equivalentCategory
311Robbery, or dacoity, with attempt to cause death or grievous hurtS.397 “Robbery, or dacoity, with attempt to cause death or grievous hurt”Exact

BNS Section 311 and IPC Section 397 carry the same heading and the same operative words: 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, and the imprisonment with which such offender shall be punished shall not be less than seven years. The seven-year minimum is unchanged. One difference between the two texts: in the copy of the IPC text consulted, the words read “so attempts to cause death or grievous hurt”, whereas the BNS reads “or attempts to cause death or grievous hurt”. The IPC text consulted prints the word “so”. The BNS wording (“or”) is the one that applies, and the three alternatives in the BNS are joined by “or”. It is a drafting-level difference inside a list of alternatives; it changes no ingredient, obligation or punishment, so the row is classed as Exact. The difference is noted here without any inference about what the IPC was meant to say.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment: imprisonment for not less than 7 years.
Cognizable · Non-bailable · not compoundable (the offence appears in neither compounding table of BNSS Section 359) · triable by the Court of Session.

Statutory Text (Verbatim)

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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Section 311 does not define a new crime from scratch. It works on top of robbery and dacoity, which are dealt with in Sections 309 and 310, and it says what happens to the sentence when a robbery or dacoity is committed in an aggravated way. The provision has one setting and three alternative aggravating features. The setting is that the offender is, “at the time of committing robbery or dacoity”, in the middle of the offence itself. The three alternatives are that the offender (i) uses any deadly weapon, (ii) causes grievous hurt to any person, or (iii) attempts to cause death or grievous hurt to any person. Any one of the three is enough; they are joined by “or”, not “and”.

Each expression carries weight. “Robbery” is theft or extortion accompanied by the violence or fear described in Section 309(2) and (3), and “dacoity” is robbery committed or attempted by five or more persons conjointly, as Section 310(1) describes it. “Grievous hurt” means only the kinds of hurt listed in Section 116 (emasculation, permanent loss of sight or hearing, privation of a member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and hurt that endangers life or causes severe bodily pain or inability to follow ordinary pursuits for fifteen days). The expression “deadly weapon” is used in the Sanhita but is not defined in it, so what counts as one is a question of fact on the material before the court. Note also that the section speaks of “such offender”: the aggravating conduct is tied to the offender who uses the weapon, causes the hurt or makes the attempt.

The effect on punishment is a floor, not a ceiling. The section says that the imprisonment “shall not be less than seven years”; it does not itself state a maximum, and it does not repeat the punishments in Sections 309 and 310. The BNSS First Schedule records the punishment for Section 311 as imprisonment for not less than 7 years, and classifies the offence as cognizable, non-bailable and triable by the Court of Session. It does not appear in either compounding table of BNSS Section 359, so it cannot be compounded. Section 311 speaks of the offender “committing” robbery or dacoity; the companion Section 312 deals with an offender who is armed with a deadly weapon at the time of attempting robbery or dacoity, and the two should be read side by side.

Illustration (Lexovia's Own Example)
Five men stop a cash van on a lonely road and together rob the guards of the cash box. During the incident one of the men strikes a guard with an iron rod and the guard's forearm bone is fractured. The five persons have conjointly committed dacoity, and the man who caused the fracture has caused grievous hurt (a fracture of a bone is one of the kinds of hurt listed in Section 116) at the time of committing the dacoity. Under Section 311 the imprisonment imposed on that offender cannot be less than seven years. The deadly-weapon limb would come into play if, instead of a fracture, he had used a loaded pistol or a sharpened blade in the course of the dacoity, provided the court found the weapon to be a deadly weapon, even if no one was hurt.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

This judgment relates to Section 311 as a whole rather than to one specific sub-section, and so is presented together here rather than alongside a particular clause above.

Niranjan Singh v. State of Madhya Pradesh, [2007] 7 S.C.R. 1017 : 2007 INSC 696 (Supreme Court of India, Criminal Appeal No. 487 of 2001, decided 14 June 2007, Arijit Pasayat and B.P. Singh, JJ.)

Quoted Paragraph (Verbatim)
Para No. 7
“The ingredients of the offence are as under: (1) The commission of robbery or dacoity as described in Section 392 and 395 respectively; (2) the accused – (a) used a deadly weapon, or (b) caused grievous hurt, or (c) attempted to cause death or grievous hurt; (3) he did so at the time of committing the robbery or dacoity.”
Para No. 9
“Any hurt which endangers life is a grievous hurt. … The term endangers life is much stronger than the expression dangerous to life. Apart from that in the provision attempt to cause grievous hurt attracts its application. The question whether the accused attempted to cause death or grievous hurt would depend upon the factual scenario.”
What This Judgment Means (Lexovia's Commentary)

On 2 June 1986, at about 9:15 p.m., three men entered a shop in Madhya Pradesh as the owner, Babulal, was closing it, and demanded Rs. 1,001. When he refused, one of them stabbed him with a knife on the right arm and on the left side of the chest, just below the nipple, and another snatched the Rs. 400 he was holding. Two of the men were convicted of robbery and of robbery with an attempt to cause death or grievous hurt (old Sections 392 and 397 of the Indian Penal Code) and sentenced to seven years’ rigorous imprisonment. They argued that no grievous hurt had been found, so the second charge failed. The High Court dismissed their appeals.

The Supreme Court dismissed the appeals. It set out the three ingredients of the aggravated offence quoted above, explained that “endangers life” is stronger than “dangerous to life”, and held that a knife blow to the chest just below the nipple was enough, because an attempt to cause grievous hurt is itself covered and depends on the facts. Old Section 397 of the Indian Penal Code, which this decision construes, is Section 311 of the Sanhita; it applies to robbery and dacoity alike.

Source: copy of the judgment obtained from the Supreme Court of India's official website (Supreme Court Reports portal).

Related / Cross-Referenced Sections

FAQs

Does Section 311 apply if the robber was armed but never used the weapon?

The section refers to an offender who “uses” a deadly weapon at the time of committing robbery or dacoity. Merely being armed at the time of an attempt is dealt with by Section 312. Where a robbery or dacoity is actually being committed, whether the facts amount to ‘using’ the weapon is a question for the court on the evidence.

Is seven years the maximum or the minimum under Section 311?

It is the minimum. The section says the imprisonment shall not be less than seven years. The section does not itself state an upper limit.

Is Section 311 bailable, and which court tries it?

Under the First Schedule to the BNSS it is cognizable and non-bailable, and it is triable by the Court of Session. It is not compoundable under BNSS Section 359.

Is any one of the three aggravating features enough?

Yes. The three features — using a deadly weapon, causing grievous hurt, and attempting to cause death or grievous hurt — are alternatives joined by “or”. Any one, occurring at the time of committing robbery or dacoity, brings the minimum sentence into play.

How does Section 311 compare with IPC Section 397?

The wording is the same and the seven-year minimum is unchanged. Section 311 is the BNS counterpart of IPC Section 397.

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