Introduction of 311 BNS
311 BNS addresses robbery or dacoity committed with an attempt to cause death or grievous hurt. The provision covers cases where offenders use deadly weapons, inflict serious injury, or attempt to cause life-threatening harm while committing or attempting robbery/dacoity. Classified as a cognizable, non-bailable and non-compoundable offence triable by the Court of Session, Section 311 carries a minimum sentence of seven years’ imprisonment, with higher penalties depending on the harm caused.
The Bharatiya Nyaya Sanhita (BNS) Section 311 replaces the old Indian Penal Code (IPC) Section 397.
What is BNS Section 311 ?
BNS Section 311 addresses cases where robbery or dacoity is committed with an attempt to cause death or grievous hurt. If the offender uses a deadly weapon, inflicts serious injuries, or attempts to cause death or grievous harm during the act, the law mandates severe penalties. This section emphasizes the gravity of crimes involving violence, ensuring that offenders face stringent legal consequences to deter such acts.
Under Section 311 of the bns act 2023
“Whoever, while committing robbery or dacoity, uses or attempts to use any deadly weapon, or causes or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for not less than seven years, and may extend further, along with fine.”
1. Meaning of Robbery/Dacoity with Attempt to Cause Death or Grievous Hurt
This section criminalizes robbery or dacoity where the offender uses violence, deadly weapons, or attempts to cause serious injury or death.
- Robbery = Theft/extortion combined with violence or fear.
- Dacoity = Robbery by 5 or more people acting together.
- When weapons, grievous injuries, or attempts to kill are involved → the offense becomes far more severe.
2. Who is Covered?
- Armed offenders → using knives, guns, or explosives during robbery/dacoity.
- Accomplices → even if one person causes injury, all group members are guilty.
- Attempting offenders → those who try but fail to cause harm are equally liable.
- Violent robbers → who intentionally create life-threatening situations while stealing.
3. Nature of the Offense
- Cognizable → Police can arrest without warrant.
- Non-bailable → Bail is not a right; only courts may grant it.
- Non-compoundable → Cannot be settled privately; trial is mandatory.
- Triable by → Court of Session (due to seriousness).
4. Examples of BNS Section 311
- Example 1 – Bank Robbery with Weapons
A gang enters a bank, points guns at staff, and shoots a guard during robbery. → Offense under Section 311. - Example 2 – Home Invasion with Grievous Hurt
Thieves break into a house, attack the owner with sharp weapons causing deep injuries. → Punishable under this section. - Example 3 – Attempt to Kill During Dacoity
A dacoit tries to stab a shopkeeper while snatching money but fails. Attempt itself → covered by Section 311.
5. Punishment under BNS Section 311
- Minimum punishment → 7 years’ imprisonment (mandatory).
- May extend → Court can impose longer imprisonment depending on gravity.
- Fine → Additional financial penalty as per case facts.
- If grievous hurt or attempt to kill is proved, punishment is severe and long-term.
6. Importance of BNS Section 311
- Protects society from violent robberies and dacoity.
- Acts as a deterrent by mandating a minimum 7-year sentence.
- Ensures collective liability — all participants in a violent robbery/dacoity are punished.
- Reinforces public safety by restricting bail and making the offense non-compoundable.
Section 311 BNS Overview
BNS Section 311 pertains to robbery or dacoity committed with the intent to cause death or grievous hurt. If an offender uses a deadly weapon, inflicts grievous injuries, or attempts to cause such harm during the commission of robbery or dacoity, the act is classified as highly severe. The law ensures that offenders face stringent penalties, including a mandatory minimum imprisonment term of seven years, reflecting the gravity of the offense.
10 Key Points of BNS Section 311
1. Nature of the Offense
BNS Section 311 deals with robbery or dacoity that becomes more dangerous when deadly weapons are used or when serious harm is caused. This section does not only cover the actual act of taking property but also situations where the offenders try to cause death or grievous injuries during the crime. The presence of violence and the intent to harm make such offenses much more severe than ordinary robbery. By treating these crimes more strictly, the law aims to discourage criminals from using violence while committing theft or dacoity.
2. Mandatory Minimum Punishment
One of the most important features of Section 311 is the mandatory minimum punishment. Anyone found guilty under this section must be sentenced to at least seven years of imprisonment. Depending on the seriousness of the case, the court can increase the punishment beyond this minimum, and in extreme cases, life imprisonment may be given. This strict minimum punishment ensures that offenders do not escape with light sentences, and it also sends a warning to others that violent crimes will face strong legal consequences.
3. Use of Deadly Weapons
When offenders commit robbery or dacoity using deadly weapons like guns, knives, or explosives, the seriousness of the crime increases drastically. Even if the weapon is not used to actually harm, the very act of brandishing it creates fear and shows the offender’s dangerous intent. Courts treat the use of weapons as an aggravating factor while deciding punishment. It reflects that the offender was ready to cause serious harm if necessary, which makes the offense far more severe than an unarmed robbery.
4. Causing Grievous Hurt
If during robbery or dacoity the offender causes grievous hurt to the victim, the crime automatically falls under Section 311. Grievous hurt means severe physical injuries such as broken bones, permanent disability, loss of eyesight, or life-threatening wounds. This provision ensures that victims who suffer such serious injuries receive justice, and offenders face strict punishment. By recognizing the harm caused to the victim’s body and health, the law gives extra protection to individuals against violent criminals.
5. Attempt to Cause Death or Harm
This section also covers situations where offenders only attempt to cause death or grievous hurt, even if the harm is not actually carried out. The law treats attempts with the same seriousness as actual acts because the offender’s intention was equally dangerous. For example, if during a robbery the criminal tries to stab someone but misses, it is still covered under this section. This approach prevents criminals from escaping harsh punishment simply because their violent act did not succeed.
6. Cognizable Offense
Robbery or dacoity under Section 311 is classified as a cognizable offense, which means that the police can arrest the accused immediately without waiting for permission from a magistrate. This ensures that offenders are caught quickly before they can escape, destroy evidence, or commit more crimes. Since these crimes pose a direct threat to public safety, the law allows the police to take fast and strict action without delay. This quick response helps protect victims and society.
7. Non-Bailable Offense
Section 311 is also a non-bailable offense, meaning bail cannot be granted as a matter of right. The accused must apply to the court, and only in rare and justified situations may bail be allowed. This ensures that dangerous criminals remain in custody while their case is being investigated and tried. It also prevents them from threatening witnesses, repeating crimes, or disturbing the legal process. By making it non-bailable, the law prioritizes public safety over the freedom of the offender.
8. Non-Compoundable Nature
The offense under Section 311 is non-compoundable, meaning it cannot be settled privately between the victim and the offender. Even if the victim forgives the criminal or accepts compensation, the case cannot be withdrawn. The State takes responsibility to prosecute such crimes because they affect society at large, not just the victim. This provision ensures that offenders cannot escape punishment through private deals or compromises, and it reflects the strict approach of the law towards violent crimes.
9. Trial by Court of Session
Cases under Section 311 are tried in the Court of Session, which deals with the most serious criminal cases. Sessions courts have greater powers to award heavy punishments, including life imprisonment. The involvement of a higher court ensures that such dangerous crimes are handled with the seriousness they deserve. Detailed examination of evidence, witnesses, and legal arguments is carried out to ensure justice for both victims and society. This reflects the importance of these cases within the judicial system.
10. Impact on Society
Crimes under Section 311 create widespread fear and insecurity in society because they involve violence along with property crime. Such acts can make people feel unsafe in public places, homes, or while traveling. The strict penalties under this section are designed to deter criminals and reassure citizens that the law will protect them. It also strengthens public trust in the legal system by showing that the State takes violent crimes very seriously. Overall, this section plays a major role in maintaining peace and order.
Examples of BNS Section 311
Example 1: Armed Bank Robbery
A group of criminals enters a bank carrying guns. They threaten employees and customers while demanding money. During the act, they shoot at the security guard and injure him. Since deadly weapons were used and grievous hurt was caused, this case falls under Section 311.
Example 2: Violent Home Invasion
A gang of dacoits breaks into a house at night. They attack the homeowner with sharp weapons, causing serious injuries, even though they run away without stealing anything. The attempt to cause grievous hurt using deadly weapons is enough for the crime to be covered under Section 311.
BNS 311 Punishment
- Minimum Sentence: Imprisonment for not less than seven years.
- Other Penalties: Extended imprisonment or additional fines as determined by the court.
BNS 311 bailable or not ?
BNS Section 311 is non-bailable, indicating the serious nature of the offense. Bail can only be granted at the discretion of the court, ensuring public safety and preventing offenders from escaping justice.
Bharatiya Nyaya Sanhita Section 311
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 311 | Robbery or dacoity committed with an attempt to cause death or grievous hurt using deadly weapons or causing serious injuries. | Imprisonment not less than 7 years (may extend further) and fine. | Non-Bailable | Cognizable | Court of Session |
| IPC Section 397 (Old) | Robbery or dacoity where offender uses deadly weapon or causes grievous hurt or attempt to cause death or hurt. | Rigorous imprisonment for a term not less than 7 years. | Non-Bailable | Cognizable | Court of Session |
Note: BNS Section 311 retains the essence of IPC 397 but provides clearer language on attempts to cause death or grievous hurt, ensuring stricter enforcement against violent robbery or dacoity.
BNS Section 311 FAQs
What does BNS Section 311 address?
BNS Section 311 deals with robbery or dacoity where the offender uses deadly weapons, causes grievous hurt, or attempts to cause death or serious harm to any person. It ensures strict punishment for such acts to deter violent crime.
What is the punishment under BNS Section 311?
The punishment under BNS Section 311 includes imprisonment of not less than seven years. This imprisonment may extend further based on the severity of the crime. Additionally, fines may also be imposed.
Is BNS Section 311 bailable or non-bailable?
BNS Section 311 is non-bailable, meaning bail is not granted automatically. The accused must present a strong case for bail, and it is subject to the court’s discretion
What is the nature of the offense under BNS Section 311?
Offenses under BNS Section 311 are cognizable, meaning the police can arrest the accused without prior approval. They are also non-compoundable, so the case cannot be settled out of court.
Where are cases under BNS Section 311 tried?
Cases under BNS Section 311 are tried in the Court of Session, which is equipped to handle severe crimes involving life-threatening harm or use of deadly weapons.
Can an attempt to cause harm during robbery or dacoity be punished under BNS Section 311?
Yes, an attempt to cause death or grievous hurt during robbery or dacoity is punishable under BNS Section 311. The law does not differentiate between completed acts and attempts, treating both with equal severity.
Conclusion
BNS Section 311 strengthens protection against violent property crimes by treating attempts to cause death or grievous hurt during robbery or dacoity as especially serious. The mandatory minimum term and non-bailable classification underscore the law’s emphasis on public safety and deterrence. Victims of such violent offences should report promptly to police and seek legal assistance so that investigations and prosecutions proceed effectively.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 311 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 312 BNS :Attempt to commit robbery or dacoity when armed with deadly weapon.
- https://marriagesolution.in/bns_section/312-bns/
- 313 BNS : Punishment for belonging to gang of robbers, dacoits, etc.
- https://marriagesolution.in/bns_section/313-bns/
Of Criminal Misappropriation Of Property.
- 314 BNS : Dishonest misappropriation of property.
- https://marriagesolution.in/bns_section/314-bns/
- 315 BNS :Dishonest misappropriation of property possessed by deceased person at the time of his death.
- https://marriagesolution.in/bns_section/315-bns/
Of Criminal Breach of Trust.
- 316 BNS : Criminal breach of trust.
- https://marriagesolution.in/bns_section/316-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list