Section 311 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 311 of the Bharatiya Nyāya Sanhitā (BNS), 2023, under Chapter XVII – Offences against Property (Robbery & Dacoity):
🛑 Section 311 – Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt
📜 Statutory Text (Summarized)
When committing robbery or dacoity, if at that moment the offender:
Uses a deadly weapon, OR
Causes grievous hurt, OR
Attempts to cause death or grievous hurt,
then the offender must be punished with imprisonment of not less than seven years.
(myjudix.com)
🔍 Key Aspects
Triggering Conditions:
The elevated punishment applies only if during commission of robbery/dacoity, one of the following occurs:
Use of a deadly weapon (e.g., firearm, blade),
Causing grievous bodily harm, or
Attempting to kill or seriously injure someone.
Minimum Sentence:
A mandatory floor of 7 years’ imprisonment—with no minimum cap—ensures the punishment is always at least this long.
(myjudix.com, myjudix.com)
Legal Classification:
Cognizable (arrestable without warrant),
Non-bailable,
Triable only by the Sessions Court.
⚖️ Purpose & Legal Significance
Elevated Accountability: Distinguishes more violent forms of robbery/dacoity from less severe cases.
Deterrence: Imposes a strict minimum penalty to discourage the use of weapons or infliction of serious harm.
Close to IPC: Builds upon IPC provisions but introduces a minimum term to ensure consistency in sentencing.
(lawrato.com)
🧾 Quick Reference Table
| Factor | Detail |
|---|---|
| Offence | Robbery/Dacoity + weapon/harm/threat to kill |
| Sentence | Minimum 7 years imprisonment |
| Arrest & Bail | Cognizable, Non-bailable |
| Trial Court | Sessions Court |
🔍 Illustrative Example:
If a person robs someone at knife-point—or inflicts serious physical injury during a robbery—they automatically fall under Section 311, with a minimum sentence of 7 years.
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