BNS Section 311: Robbery, Or Dacoity, With Attempt To Cause Death Or Grievous Hurt

Definition of BNS Section 311

Section 311 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“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.”

Explanation and Illustration of Section 311

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of robbery or dacoity with intent to cause injury. Let us break down the section to get a better understanding of it.

• Offence

  This section provides for persons causing or attempting to cause grievous and deadly injuries in the course of committing a robbery or dacoity. Under the BNS, robbery is defined as elevated or compounded theft or extortion. And dacoity is considered robbery performed by a group of five or more. As you can see, robbery and dacoity are several crimes clubbed as one as they involve

  • Dispossessing a person of their property
  • Trespassing on private property
  • Immediate threat of injury or death

• The offence of causing or attempting to cause grievous or deadly harm in the course of a dacoity or robbery has been listed as a separate offence because it compounds one more serious offence in its fold, that of attempted murder. As stated in the section, any person found to be using a deadly weapon, which is a weapon that is capable of causing death, or causing or attempting to grievous hurt shall be considered an offender under the provisions of this section. In other words, two more conditions have been added to the list above in order for an act to be an offence under the provisions of this section:

  • Use of deadly weapon
  • Causing or attempting to cause death or grievous injury

• If these two conditions are added to the act of committing dacoity and robbery, then such an action shall be punishable under the provisions of Section 311.

• Punishment

  Any person found guilty of using a deadly weapon or causing or attempting to cause death or grievous injury in the course of committing dacoity or robbery shall be punished with imprisonment for a term that shall not be less than seven years.

• The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

• Illustration

  Z and six of his friends break into his neighbour’s house and restrain him. They threaten him to hand over the keys to his safe. When the neighbour refuses, one of Z’s friends hits him on the head with an iron rod. Z and his friends are offenders under the provisions of Section 311.

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