Robbery and dacoity are serious crimes. But what happens when the accused goes a step further—tries to kill or seriously injure the victim? That’s where BNS Section 311 comes into play.
The Bharatiya Nyaya Sanhita (BNS) 2023 replaces the old Indian Penal Code. It modernizes criminal law in India. Section 311 focuses on aggravated forms of robbery and dacoity—where life or limb is at risk.
Let’s break it down in simple language.
Section 311 deals with situations where a person commits robbery or dacoity and, in doing so, attempts to cause death or grievous hurt.
This is not ordinary theft or mugging. It’s a violent crime, punishable with life imprisonment or rigorous imprisonment of not less than 10 years.
Key Ingredients of BNS Section 311
To invoke this section, the prosecution must prove:
- Robbery or dacoity was committed.
- The accused attempted to cause death or grievous hurt during or after the act.
- The attempt must be intentional, not accidental.
Let’s understand the difference:
- Robbery becomes dacoity when five or more people are involved.
- Grievous hurt means serious injury—like broken bones, deep wounds, or permanent disfigurement.
Illustrative Example
Imagine a gang of six people enters a house to steal. One of them stabs the homeowner with a knife, intending to kill or injure seriously. This falls under BNS Section 311.
Even if the victim survives, the attempt itself makes the crime grave.
Case Laws Related to BNS Section 311 Robbery or Dacoity with Attempt to Cause Death or Grievous Hurt
1. Shyam Behari v. State of Uttar Pradesh (1957 AIR 320)
In this case, dacoits looted a house and shot at the owner. Though the owner survived, the court held it as attempt to cause death during dacoity. The Supreme Court upheld life imprisonment for the accused.
“The intention behind firing during dacoity was clear. It went beyond mere theft—it showed disregard for life,” said the court.
2. State of Maharashtra v. Joseph Mingel Koli (1997 Cr LJ 4107 Bom)
Here, during a robbery, the accused hit the victim on the head with an iron rod. The blow was so severe that the victim suffered a skull fracture. The Bombay High Court considered this as grievous hurt under Section 397 IPC (equivalent to BNS 311) and gave a harsh sentence.
3. Ashfaq v. State (Govt. of NCT of Delhi) (2004 AIR SC 1253)
This case clarified that mere possession of a deadly weapon during robbery isn’t enough. The weapon must be used or intended to be used to attract higher punishment. Intent matters.
Punishment Under BNS Section 311
Here’s what the law says:
- Life imprisonment or
- Rigorous imprisonment of not less than 10 years, which may extend to life.
- Fine can also be imposed.
This shows how seriously the law views violence during robbery or dacoity.
Why Is This Law Necessary?
Some criminals don’t stop at stealing—they’re willing to kill or maim to escape or silence witnesses. This law ensures:
- Victims are protected.
- Criminals face severe consequences.
- Public safety is prioritized.
Difference Between Regular Robbery and BNS Section 311
| Aspect | Robbery (Simple) | BNS Section 311 |
|---|---|---|
| Injury | May not cause serious harm | Involves attempt to kill or seriously injure |
| Punishment | 10 years or less | Minimum 10 years, can go up to life |
| Intent | Theft with threat | Theft with deadly intent |
Role of Police and Courts
In such cases, FIR is registered under BNS 311, and the accused is not eligible for bail easily.
Courts take a strict view. Medical reports, eyewitnesses, weapons used, and intention behind the act are carefully examined.
Recent Examples of BNS Section 311
In 2023, a robbery case in Uttar Pradesh made headlines. A jeweller was attacked by five men, and one tried to slit his throat. Though he survived, the police booked them under BNS Section 311 due to the lethal intent.
Such stories remind us why harsh laws are needed.
Transitional Importance
The shift from IPC to BNS is not just cosmetic. It reflects:
- Modern language,
- Stricter punishment for violent crimes,
- Better alignment with human rights and victim protection.
BNS Section 311 Robbery, or dacoity, with attempt to cause death or grievous hurt gives teeth to law enforcement. It ensures that violent criminals do not escape with lenient sentences.
What Should Victims Do?
If you’re a victim or witness of such a crime:
- Report the matter immediately.
- Cooperate with the police.
- Seek legal help to ensure proper application of BNS Section 311.
Short Note Summary
- Section: BNS 311
- Crime: Robbery/dacoity + attempt to kill or cause grievous hurt
- Minimum Punishment: 10 years rigorous imprisonment
- Maximum Punishment: Life imprisonment + fine
- Nature: Non-bailable, cognizable, serious offence
Final Thoughts
Violent robberies are not just property crimes—they’re threats to life. BNS Section 311 steps in to punish those who cross the line from theft to deadly violence.
By providing minimum punishment and broad coverage, the law acts as a deterrent and a protector of citizens’ rights.
Disclaimer
This article is for general educational purposes only. It does not constitute legal advice. For any specific legal query, please consult a qualified legal professional.
