Attempt to commit robbery or dacoity when armed with deadly weapon
Section 312 of the Bharatiya Nyaya Sanhita, 2023 deals with attempt to commit robbery or dacoity when armed with deadly weapon. 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. The Act came into force on 01 Jul 2024.
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.
Section 312, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 398 Attempt to commit robbery or dacoity when armed with deadly weapon Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Attempt to commit robbery or dacoity when armed with deadly weapon. | Imprisonment for not less than 7 years. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arun vs State by Inspector of Police, T. Nadu
Decided under Indian Penal Code 398, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Mere presence of an accused at the scene of crime without any overt act or evidence of prior meeting of minds cannot establish common intention under Section 34 IPC for vicarious liability of murder. The prosecution must prove that the accused shared a common intention with the principal offender either through pre-arrangement or by clear evidence of understanding developed at the spur of moment. In the absence of such evidence, the accused is liable only for their individual act, not for the act of the principal offender. An appellate court should not reverse an acquittal judgment unless there is compelling evidence that the trial court's view was unreasonable, as double presumption of innocence favours the acquitted accused.
On this section: Attempt to commit dacoity; appellant convicted by trial court but acquitted by High Court
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Sagar vs Union Territory
Decided under Indian Penal Code 398, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A prisoner with an extensive criminal history involving multiple serious offences (dacoity, robbery, theft, forgery, and drug-related crimes) cannot be granted parole merely on the grounds of meeting family members or performing conjugal rights, particularly when the parole authority has reasonably determined that releasing such a prisoner would pose a potential danger to society.
On this section: Dacoity - charge against petitioner in FIR No. 22 of 2016
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.4 and 7 in Crime No.33/2025 registered by Mandya West Police Station, Mandya, for offences punishable under Sections 310(4), 310(5), 312 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by Mandya West Police Station, Mandya against one Ajay and …
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… THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.5 and 6 in Crime No.33/2025 registered by Mandya West Police Station, Mandya, for offences punishable under Sections 310(4), 310(5), 312 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.33/2025 was registered by Mandya West Police Station, Mandya against …
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… Shahabuddin Azeem, learned APP for the State. > 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sangrampur P.S. Case No. 188 of 2024 instituted for the offence punishable under Sections 310(2) and 312 of the Bharatiya Nyaya Sanhita, 2023. > 3. The case of the prosecution is that the informant is having a shop of medicine which is owned by Jay Kumar Singh and he is his staff. On 18.07.2024 at about 2 P.M. he was carrying certain cartons of medicines and a payment diary. As he reached Bhatwaliya Bhawanipur, six …
Questions about Section 312
What have the courts held on Section 312 of the Bharatiya Nyaya Sanhita?
Arun vs State by Inspector of Police, T. Nadu (11 Dec 2008) is the leading judgment on this section among those set out below, though it was decided under IPC 398, which this section replaced -- the court never mentioned this Act: Attempt to commit dacoity; appellant convicted by trial court but acquitted by High Court. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2008 to 2020.
Is Section 312 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 312 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 312 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 312, section 312 BNS, section 312 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 312 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Arun vs State by Inspector of Police, T. Nadu (11 Dec 2008).
What should I read with Section 312 of the Bharatiya Nyaya Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward IPC 398 (Attempt to commit robbery or dacoity when armed with deadly weapon), so the judgments decided under that provision are the case law on this one.
When did Section 312 of the Bharatiya Nyaya Sanhita come into force?
Section 312 of the Bharatiya Nyaya Sanhita, cited as BNS 312, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.