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Section 311: Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Court of Session
Non-Bailable
Cognizable
Formerly Sec 397, 398 IPC
Section 310 All 358 Sections of Bharatiya Nyaya Sanhita Section 312

Legal Commentary & Landmark Judgments: Section 311

Section 311 penalises an offender who, at the time of committing robbery or dacoity, uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt (replacing Section 397 IPC).

  • Commission of Robbery/Dacoity: Active commission of robbery or dacoity.
  • Use of Deadly Weapon: Brandishing, displaying, or firing a deadly weapon to overawe or terrorize the victim.
  • Individual Liability: Section 311 creates individual liability; applies only to the specific offender who personally uses the deadly weapon or causes grievous hurt.
Key Landmark Precedents:
  • Phool Kumar v. Delhi Administration (1975) 1 SCC 797: The Supreme Court established that 'use' of a deadly weapon under this section does not require actual firing or stabbing; open brandishing to intimidate the victim into submission constitutes 'use'.
  • Samiuddin v. State of U.P. (2010) 15 SCC 497: Reiterated that Section 397 IPC (Section 311 BNS) cannot be invoked vicariously with the aid of constructive liability; only the person who carried the weapon can be convicted under this minimum-sentence section.
  • Ashfaq v. State (Govt. of NCT of Delhi) (2004) 3 SCC 116: Affirmed that minimum mandatory 7 years imprisonment applies strictly to the armed perpetrator.
Courtroom Practice & Strategic Litigation Guidance:

Vital defence point: Section 311 cannot be applied vicariously. If five persons commit dacoity and only one holds a pistol, the remaining four cannot be sentenced under Section 311. Demand individual weapon attribution.

Section 310 All 358 Sections of Bharatiya Nyaya Sanhita Section 312