Indian Criminal Law | Updated 30 October 2026

IPC Section 398 and BNS Section 312: Attempt to Commit Robbery or Dacoity While Armed

Section 398 of the Indian Penal Code, 1860 addressed an attempt to commit robbery or dacoity while armed with a deadly weapon. The corresponding provision for offences governed by the Bharatiya Nyaya Sanhita, 2023 is Section 312.

What does IPC Section 398 say?

The statutory text of Section 398 of the Indian Penal Code, 1860 is:

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.

This provision prescribes a minimum term of imprisonment where the offender is armed with a deadly weapon at the time of an attempted robbery or dacoity. It does not require the robbery or dacoity to be completed.

BNS Section 312: Corresponding provision from 1 July 2024

Section 312 of the Bharatiya Nyaya Sanhita, 2023, titled "Attempt to commit robbery or dacoity when armed with deadly weapon", substantially carries forward the wording of IPC Section 398 and maintains the same minimum punishment of seven years. Read the official BNS chapter text and the official IPC-to-BNS correspondence table.

Essential ingredients of the offence

1. Attempt: The prosecution must establish conduct amounting to an attempt to commit robbery or dacoity, rather than mere preparation.
2. Deadly weapon: The offender must be armed with a deadly weapon at the time of that attempt. Whether an object qualifies depends on its nature and the circumstances.
3. Connection in time: The possession of the deadly weapon must coincide with the attempted offence.
4. Individual liability: The armed condition of the particular offender must be proved; the provision does not automatically apply to every accomplice merely because one person carried a weapon.

Meaning of robbery, dacoity and attempt

Robbery

BNS Section 309 defines robbery by reference to theft or extortion accompanied by the specified immediate violence, restraint or fear. Its sub-sections also provide for punishment for robbery and attempted robbery. The earlier definition appeared in IPC Section 390.

Dacoity

Under BNS Section 310(1), dacoity involves five or more persons conjointly committing or attempting robbery, including persons present and aiding the commission or attempt, where the total is five or more. The corresponding earlier definition was IPC Section 391.

Attempt compared with preparation

Preparation ordinarily involves arranging means to commit an offence; an attempt involves conduct sufficiently directed towards its commission. Whether the conduct crosses that threshold is a question of the evidence and applicable judicial principles.

Punishment and procedural classification

The procedural classification is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean bail is legally impossible; it means bail is subject to the applicable statutory provisions and judicial discretion.

Difference between IPC Sections 397 and 398

IPC Section 397 (corresponding to BNS Section 311) concerns robbery or dacoity in which the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt. IPC Section 398 (corresponding to BNS Section 312) specifically concerns an attempt to commit robbery or dacoity while armed with a deadly weapon. Thus, being armed is central to Section 398; actual use of the weapon is not an express requirement of its text.

Illustrative example

A person approaches a victim with the intention of robbing them, takes steps constituting an attempted robbery, and carries a deadly weapon at that time. Even if the victim escapes and no property is taken, BNS Section 312 may apply if the prosecution proves all statutory elements. Mere possession of a weapon, without an attempt to commit robbery or dacoity, is not enough by itself.

Frequently asked questions

Is the minimum sentence under IPC Section 398 seven years?

Yes. Both IPC Section 398 and BNS Section 312 prescribe imprisonment for not less than seven years.

Does the offender have to use the deadly weapon?

The wording of Section 398 and Section 312 requires the offender to be armed at the time of the attempt; it does not expressly require actual use of the weapon.

Is BNS Section 312 bailable?

No. The BNSS First Schedule classifies the offence as cognizable and non-bailable, triable by the Court of Session.

Does IPC Section 398 still apply after 1 July 2024?

It remains relevant to conduct occurring before the commencement of the BNS, subject to statutory savings and transitional rules. For conduct governed by the new law, refer to BNS Section 312.

Official legal sources

• National Crime Records Bureau - Bharatiya Nyaya Sanhita, 2023, section-wise text
• National Crime Records Bureau - IPC and BNS section correspondence
• National Crime Records Bureau - BNSS First Schedule offence classification
• India Code - Official central legislation repository

This article is general legal information. Applicable law and charges depend on the date of the alleged offence and the facts of the case.