The Bharatiya Nyaya Sanhita, 2023 (BNS) has brought many structural changes to Indian criminal law. One of the key areas it addresses is crimes against property—especially those involving violence. Among them is BNS Section 312, which deals with attempts to commit robbery or dacoity when the accused is armed with a deadly weapon.
Let’s break it down in simple terms.
- This section punishes any person who attempts to commit robbery or dacoity while being armed with a deadly weapon.
- The law also applies if the person attempts to cause death or grievous hurt during such acts.
- Punishment: Rigorous imprisonment for life, or up to 10 years, along with a fine.
So, this section makes it clear—if you’re caught even attempting robbery or dacoity with a weapon, you’re in serious legal trouble.
Explanation with an Example of BNS Section 312
Suppose five individuals plan to loot a jewelry store. They are caught on the spot while trying to break in, and one of them is found carrying a loaded gun.
Even though they didn’t complete the robbery, they attempted it while being armed.
Under BNS Section 312, they can be prosecuted for this attempt alone.
What Is a Deadly Weapon?
The term “deadly weapon” includes:
- Firearms
- Sharp weapons like knives, swords
- Blunt instruments like iron rods or hammers, if used in a threatening way
Even sticks or stones can be considered deadly depending on how and where they are used.
The law doesn’t just look at the weapon but also at the intention and capacity to cause harm.
Difference Between Robbery and Dacoity
Let’s clear this up:
- Robbery: Theft with violence or threat (by 1 or more persons)
- Dacoity: Robbery committed by a group of 5 or more persons
So, if a single person tries to snatch your bag with a knife, it’s robbery.
If a group of 5 or more forcibly loots a bank, it’s dacoity.
BNS Section 312 applies in both cases—if weapons are involved and it’s only an attempt.
Relevant Case Laws of BNS Section 312
State of Maharashtra v. Joseph Mingel Koli (2004)
In this case, the accused attempted robbery with a revolver. Though the robbery didn’t succeed, the court held that carrying a weapon and creating fear was enough for conviction under the old IPC Section 397 (now similar to BNS Section 312).
Court’s view: Attempt + Weapon = Serious Offense.
Raj Kumar v. State of Haryana (2012)
Here, the accused was caught while trying to rob a house. He had a sickle in hand. Though no injury was caused, the presence of the weapon and intent made it a punishable attempt.
The High Court ruled that actual violence isn’t necessary—intention and preparedness with a deadly weapon is enough.
State v. Harbhajan Singh (1998)
The accused used a fake pistol during a robbery attempt. The court held that even imitation weapons, if they cause fear, can fall under the category of deadly weapons depending on the situation.
Why Is Section 312 Important?
- Prevention: It stops crime before it happens.
- Deterrence: It sends a strong message that even attempts won’t be spared.
- Victim Safety: It protects victims from the threat of violence, even if the robbery fails.
How Police Handle Such Cases
Police can act immediately if someone is caught attempting robbery or dacoity with a weapon.
Steps involved:
- FIR is registered under BNS Section 312
- Weapon is seized as evidence
- Investigation includes intent, plan, and gang involvement
- Case proceeds to trial, and courts determine punishment
Key Elements to Prove Under BNS Section 312
For successful conviction:
- There must be a clear attempt to commit robbery or dacoity.
- The accused should be armed with a deadly weapon.
- There must be evidence of intent to use force or cause harm.
Note: Even if the weapon is not used, mere possession during the act is enough.
Legal Insight
This section doesn’t wait for the actual crime. It focuses on attempt.
That’s the legal power of Section 312.
So, even if the accused is caught before any injury is caused, the law still holds them accountable—especially if a weapon is involved.
Punishment Under Section 312
- Minimum: No specific minimum. Court’s discretion applies.
- Maximum: Life imprisonment, or up to 10 years with fine.
Severity depends on:
- Nature of weapon
- Intention
- Number of people involved
- Prior criminal record
Important Judicial Principles
- Attempt is punishable if there’s direct movement toward committing the crime.
- Preparation alone is not enough, unless it turns into an active attempt.
- Courts consider public safety and the threat involved.
Disclaimer
This article is meant for general awareness. It does not constitute legal advice. For any legal concerns or criminal defense, consult a qualified criminal lawyer.
Conclusion
BNS Section 312 Attempt to commit robbery or dacoity when armed with deadly weapon is a tough, preventive provision. It ensures that even before the actual crime happens, law enforcement can step in if there is a clear attempt involving weapons.
It reflects the seriousness with which the new criminal code treats violent property crimes.
For individuals, it’s a reminder—don’t mistake an “attempt” as a lesser evil. The law treats it as a grave offense if weapons are involved.
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