Section 312 BNS: Attempt to Commit Robbery or Dacoity when Armed with Deadly Weapon (Formerly Section 398 IPC)

Section 312 of Bharatiya Nyaya Sanhita: Attempt to Commit Robbery or Dacoity when Armed with Deadly Weapon

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

Legal Commentary & Landmark Judgments: Section 312

Section 312 punishes an offender who, at the time of attempting to commit robbery or dacoity, is armed with any deadly weapon, prescribing mandatory minimum imprisonment of 7 years (replacing Section 398 IPC).

Attempt to Commit Robbery/Dacoity: Commencing the overt act towards robbery or dacoity without achieving final possession.
Armed with Deadly Weapon: Carrying a firearm, bomb, sword, or lethal instrument.
Individual Applicability: Applies personally to the armed offender.

Key Landmark Precedents:

Ashfaq v. State (Govt. of NCT of Delhi) (2004) 3 SCC 116: The Supreme Court held that being armed with a lethal weapon during an abortive robbery attempt attracts mandatory 7 years imprisonment.
Phool Kumar v. Delhi Administration (1975) 1 SCC 797: Clarified the parallel between completed robbery under Section 397 and attempted robbery under Section 398.

Courtroom Practice & Strategic Litigation Guidance:

Prosecution must prove the weapon recovered was in fact 'deadly'. Ballistics reports showing a country pistol was jammed or inoperable may allow the defence to argue for a lesser sentence.

Section 312: Attempt to Commit Robbery or Dacoity when Armed with Deadly Weapon

Section 312 of Bharatiya Nyaya Sanhita: Attempt to Commit Robbery or Dacoity when Armed with Deadly Weapon

Legal Commentary & Landmark Judgments: Section 312