IPC Section 397 and BNS Section 311: Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt
Section 397 of the Indian Penal Code, 1860 prescribed a minimum imprisonment of seven years where an offender, while committing robbery or dacoity, uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt. The corresponding provision for offences governed by the Bharatiya Nyaya Sanhita, 2023 is Section 311.
What does IPC Section 397 provide?
The original statutory provision reads:
"If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years."
This provision fixes a minimum sentence for the offender whose conduct meets the statutory conditions. It must be read together with the underlying robbery or dacoity offence and applicable sentencing law.
BNS Section 311: Corresponding law from 1 July 2024
Section 311 of the Bharatiya Nyaya Sanhita, 2023, titled "Robbery, or dacoity, with attempt to cause death or grievous hurt", preserves the essential statutory language and minimum punishment of seven years. It applies where, at the time of committing robbery or dacoity, the offender:
- uses a deadly weapon; or
- causes grievous hurt to any person; or
- attempts to cause death or grievous hurt to any person.
These are alternative statutory circumstances; proving all three is not necessary. The prosecution must establish the underlying offence and the relevant conduct of the accused.
Definitions and essential legal ingredients
Robbery
Under BNS Section 309, theft or extortion becomes robbery when the specified conditions of immediate violence, wrongful restraint, or fear of instant harm are present. Merely taking property without the statutory elements is not necessarily robbery.
Dacoity
Under BNS Section 310(1), dacoity generally involves five or more persons conjointly committing or attempting robbery, including persons present and aiding it who count toward the statutory number.
Deadly weapon and grievous hurt
A deadly weapon is assessed in light of its nature and the manner of use. "Grievous hurt" is a defined category of serious injury under the applicable penal law; BNS Section 116 specifies its forms. The facts, medical evidence, and proof of actual weapon use may be decisive.
Punishment and offence classification
| Earlier provision | IPC Section 397 |
|---|---|
| Corresponding current provision | BNS Section 311 |
| Minimum imprisonment | Not less than seven years |
| Cognizable | Yes |
| Bailable | No; non-bailable |
| Court competent to try | Court of Session |
The offence classification for BNS Section 311 is set out in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean bail can never be granted; the competent court decides a bail application under applicable law.
Difference between BNS Sections 311 and 312
Section 311 addresses the use of a deadly weapon, causing grievous hurt, or attempting to cause death or grievous hurt at the time of committing robbery or dacoity. Section 312 addresses an attempt to commit robbery or dacoity when the offender is armed with a deadly weapon. Both prescribe imprisonment of not less than seven years, but their factual requirements differ.
Individual conduct and evidence
The aggravated minimum sentence under this provision is tied to the conduct of the offender. Participation in the underlying robbery or dacoity does not, by itself, establish that every participant personally used a deadly weapon or inflicted the specified harm. Liability must be assessed under the applicable statutory provisions and evidence. Relevant evidence may include eyewitness testimony, weapon recovery, medical records, CCTV footage, and other admissible material.
Applicability of IPC after the introduction of BNS
The IPC was repealed by the BNS subject to statutory savings. Alleged acts committed before 1 July 2024 may still require application of the IPC and relevant procedural transition provisions. The new numbering should not automatically be substituted in every older FIR, charge sheet, or pending proceeding.
Official legal sources
- National Crime Records Bureau - Bharatiya Nyaya Sanhita provisions
- National Crime Records Bureau - BNSS First Schedule and offence classification
- Bharatiya Nyaya Sanhita, 2023 - official court-hosted statutory text (PDF)
- India Code - Government of India legislation portal
Frequently asked questions
What is the punishment under IPC Section 397?
The statute prescribes imprisonment of not less than seven years when the specified aggravated conduct is proved.
What is the equivalent of IPC Section 397 under BNS?
Section 311 of the Bharatiya Nyaya Sanhita, 2023.
Is BNS Section 311 bailable?
No. It is classified as a cognizable, non-bailable offence triable by the Court of Session.
Is merely carrying a weapon enough under Section 311?
Section 311 refers to use of a deadly weapon while committing robbery or dacoity. The separate provision in Section 312 concerns being armed with a deadly weapon while attempting robbery or dacoity.
Legal information notice: This article is a general explanation of the statutory provisions and is not a substitute for advice on specific facts.