312 BNS :Attempt to commit robbery or dacoity when armed with deadly weapon.

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Introduction of 312 BNS

312 BNS addresses attempts to commit robbery or dacoity when the offender is armed with a deadly weapon. It ensures strict punishment to discourage the use of dangerous tools during criminal activities. By prescribing a minimum imprisonment of seven years, this section underlines the seriousness of crimes involving weapons and the potential harm they pose to individuals and society.

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The Bharatiya Nyaya Sanhita (BNS) Section 312 replaces the old Indian Penal Code (IPC) Section 381.

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What is BNS Section 312 ?

BNS Section 312 defines the offense of attempting to commit robbery or dacoity while armed with deadly weapons. This provision punishes offenders for carrying dangerous tools with criminal intent, even if the act is incomplete. The law aims to curb violent attempts and protect public safety.

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Under Section 312 of the bns act 2023

“Whoever attempts to commit robbery or dacoity while being armed with any deadly weapon shall be punished with imprisonment for not less than seven years, and shall also be liable to fine.”

1. Meaning of Attempted Robbery/Dacoity with Deadly Weapons

This section punishes any attempt to commit robbery or dacoity where the offender is carrying a deadly weapon.

• Deadly weapons include firearms, knives, explosives, or any tool capable of causing death or serious harm.
• Even if the robbery/dacoity is not completed, the act of being armed during the attempt makes it a grave offense.
• The law recognizes that carrying weapons increases the risk of violence and public fear.

2. Who is Covered?

• Individuals attempting robbery while armed with guns, knives, etc.
• Groups of five or more attempting dacoity while equipped with weapons.
• Accomplices → If one member carries a weapon, all attempting dacoity are liable.
• Offenders making failed attempts → even if nothing was stolen, the weaponized attempt is punishable.

3. Nature of the Offense

• Cognizable → Police can arrest without a warrant.
• Non-bailable → Bail is not a right; only the court may decide.
• Non-compoundable → Cannot be settled privately; trial is mandatory.
• Triable by → Court of Session, due to the seriousness of the offense.

4. Examples of BNS Section 312

• Example 1 – Armed Shop Robbery Attempt
  A man enters a jewelry shop with a pistol, points it at the cashier, but is caught before taking money. → Covered under Section 312.
• Example 2 – Highway Dacoity Attempt
  Five men stop a truck at night, carrying knives and rods, preparing to loot goods but are stopped by police. → Dacoity attempt with deadly weapons.
• Example 3 – Knife Threat Snatching
  An offender tries to snatch a bag from a passerby while showing a knife. Even though the victim resists and no property is taken, it qualifies under Section 312.

5. Punishment under BNS Section 312

• Minimum imprisonment → 7 years (mandatory).
• Fine → May also be imposed by the court.
• No leniency → Courts cannot reduce imprisonment below 7 years.

6. Importance of BNS Section 312

• Protects society from armed criminal attempts.
• Deters offenders from carrying weapons during thefts or dacoities.
• Strengthens public safety by imposing strict minimum punishment.
• Reinforces that intent + weapons = serious crime, even without actual robbery.
• Helps law enforcement tackle organized and violent crimes effectively.

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Section 312 BNS Overview

This section addresses attempts to commit robbery or dacoity while being armed with a deadly weapon. It emphasizes strict punishment to deter the use of dangerous weapons during such criminal activities.

10 Key Points Explaining BNS Section 312

1. Nature of the Crime

BNS Section 312 deals with situations where a person attempts to commit robbery or dacoity while carrying or using a deadly weapon. Even if the robbery or dacoity is not completed, the attempt itself is treated as a serious crime. The presence of weapons such as guns, knives, or explosives increases the danger to victims and society. This section highlights that not only successful crimes but even armed attempts are punishable because they create fear and pose a direct threat to human life.

2. Intent Behind the Law

The purpose of this law is to prevent violent crimes before they are carried out. By punishing even the attempt, especially when weapons are involved, the law discourages criminals from preparing for armed robberies or dacoities. It reflects the State’s commitment to ensuring public safety and protecting citizens from dangerous offenders. The law sends a strong message that carrying weapons for such crimes will not be tolerated, even if the crime is not fully executed.

3. Mandatory Minimum Punishment

One key feature of Section 312 is the mandatory minimum punishment of seven years of imprisonment. This means that offenders cannot be let off with light sentences. The minimum ensures that any person attempting robbery or dacoity with weapons faces serious consequences. Courts may increase the punishment beyond this depending on the severity of the case, but they cannot reduce it below seven years. This strict punishment shows the gravity with which the law treats armed criminal attempts.

4. Classification of Offense

Crimes under this section are cognizable offenses, meaning the police have the power to arrest the accused without needing prior approval from a magistrate. This is important because crimes involving deadly weapons require immediate police action. If officers were forced to wait for permissions, offenders might escape or cause more harm. The cognizable classification allows the police to act swiftly and protect society from armed threats.

5. Bailable or Non-Bailable?

Section 312 is a non-bailable offense, meaning the accused cannot get bail as a matter of right. Instead, the court has full discretion to decide whether bail should be granted in special cases. This ensures that dangerous offenders who are armed do not easily return to society while the trial is ongoing. It prevents risks like re-offending, tampering with evidence, or threatening witnesses. Keeping such offenders in custody prioritizes public safety over the freedom of the accused.

6. Compounding of the Offense

The crimes under Section 312 are non-compoundable, which means they cannot be settled privately between the victim and the offender. Even if the victim forgives the offender or accepts compensation, the case must continue in court. This reflects the law’s view that armed criminal attempts affect not only the victim but also society at large. The State ensures that offenders face proper punishment and do not escape justice through private deals or compromises.

7. Trial by Court of Session

Cases under Section 312 are tried in the Court of Session, which is responsible for handling serious crimes. The Court of Session has the authority to impose long-term sentences, including life imprisonment if required. This higher-level court ensures that such dangerous cases are carefully examined, with proper evidence, witnesses, and legal arguments. The involvement of the Court of Session guarantees that justice is thorough and proportionate to the seriousness of the crime.

8. Role of Deadly Weapons

The use or even the presence of a deadly weapon during an attempt to commit robbery or dacoity is a major factor in Section 312. Weapons significantly increase the risk to the victim’s life and create a stronger sense of fear. A simple attempt to snatch something may not be as serious, but when a gun or knife is involved, the threat becomes life-threatening. Courts treat this as an aggravating circumstance, which justifies stricter punishment and highlights the offender’s violent intent.

9. Broader Implications

This law also plays a major role in controlling organized crimes, as dacoity often involves groups working together with weapons. By imposing strict punishment for even attempts, Section 312 weakens criminal groups by deterring them from preparing for armed robberies. It protects society not only from individual offenders but also from gangs that threaten public peace. The provision ensures that the law stays one step ahead of criminals by targeting attempts before they succeed.

10. Social and Legal Impact

Section 312 has both social and legal importance. Legally, it ensures that offenders face strict punishment for armed attempts, thus upholding justice. Socially, it creates a sense of security among people by discouraging violent crimes. When citizens know that the law takes such crimes seriously, their trust in the justice system grows stronger. By addressing armed criminal attempts firmly, this section promotes peace, public safety, and respect for law and order in society.

Examples of BNS Section 312

Example 1: Attempted Jewelry Store Robbery

A gang of criminals tries to rob a jewelry store. One of them waves a firearm to threaten the staff, but the robbery is stopped before they can steal anything. Even though the crime was not completed, the attempt with a deadly weapon makes it punishable under Section 312.

Example 2: Knife Threat on the Road

An offender approaches a pedestrian at night and tries to snatch their bag while holding a knife. The victim manages to escape, and nothing is stolen. Still, because the attempt involved a deadly weapon, the offender is guilty under Section 312.

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BNS 312 Punishment

Punishment: Imprisonment for a term not less than seven years.

Fine: No specific fine amount is mentioned, but the court may impose a monetary penalty based on the case.

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BNS 312 bailable or not ?

BNS Section 312 is non-bailable, meaning the accused cannot claim bail as a matter of right and must seek bail through the court. This reflects the gravity of attempting robbery or dacoity with deadly weapons, as such acts pose a severe threat to public safety.

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Comparison: BNS Section 312 vs IPC Section 398

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BNS Section 312 FAQs

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Conclusion

BNS Section 312 highlights the seriousness of attempting robbery or dacoity while being armed with deadly weapons. Even if the crime is not successfully carried out, the very act of preparing with dangerous tools poses a severe threat to public safety. By mandating a minimum of seven years’ imprisonment, the law ensures that offenders face strict consequences for such violent intentions. This provision acts as both a deterrent against the use of weapons in crimes and a safeguard for society, reinforcing the importance of law and order.

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