Section 312 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported breakdown of Section 312 of the Bharatiya Nyaya Sanhita, 2023 (BNS), within Chapter XVII – Offences Against Property:
🎯 Section 312 – Attempt to Commit Robbery or Dacoity When Armed with a Deadly Weapon
🧭 Offence Defined
A person commits this offence if, while attempting to carry out a robbery or dacoity, they are armed with any deadly weapon. (sudhirrao.com)
This elevates the seriousness of the attempt due to the presence of a firearm or other lethal instrument.
⚖️ Punishment
Mandatory minimum imprisonment: Not less than 7 years. (myjudix.com)
Maximum term: Aligns with penalties for completed offences—up to 10–14 years depending on circumstances like location or severity.
🔍 Key Aspects
"Attempt"
Covers preparatory or partial steps toward committing robbery or dacoity—not just successful completion.
"Deadly weapon"
Includes firearms, knives, explosives, or any instrument capable of causing fatal or grievous harm.
Mandatory minimum sentence
Ensures a minimum of 7 years’ imprisonment, reflecting the high-risk nature of armed attempts.
🔄 Context & Comparison
Chapter XVII, Sections 307–312, consolidates offences related to robbery and dacoity.
Section 307: Robbery/dacoity with intent to cause death or grievous hurt
Section 308: Dacoity itself
Section 309: Robbery (without attempt)
Section 310 (now Section 312): Armed attempt—harsher minimal sentence (prsindia.org)
By moving from multiple IPC sections to unified clauses, BNS streamlines escalating severity—from simple robbery up to aggravated armed attempts.
👥 Example Scenario
A person tries to rob a jewelry store while carrying a loaded firearm. Even if they fail to seize any items, the mere attempt, while armed, triggers Section 312—and leads to at least 7 years’ jail.
✅ Summary Table
Element
Details
Offence
Armed attempt to commit robbery or dacoity
Weapon criterion
Must be deadly (gun, knife, explosive, etc.)
Punishment
Minimum 7 years imprisonment; up to 10–14 years + fine
Offence type
Cognizable, non-bailable; trial before a First-Class Magistrate
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