BNS Section 311: Robbery or Dacoity With Attempt to Cause Death or Grievous Hurt (IPC 397 Mapping) (2026)
What Section 311 of the Bharatiya Nyaya Sanhita (BNS) covers, robbery or dacoity where the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt, how it maps to the old Section 397 of the IPC, the minimum punishment, and its classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 311 of the Bharatiya Nyaya Sanhita (BNS) applies when, in committing robbery or dacoity, the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt. The BNS is the new criminal code in force since 1 July 2024, and Section 311 replaced Section 397 of the Indian Penal Code (IPC). The punishment is imprisonment of not less than seven years, and a fine. Note the common mix-up: dacoity with murder is not Section 311, it is Section 310(3) of the BNS. This explainer sets out what Section 311 actually covers, how it maps to the old law, the minimum punishment, and what changed. Last verified October 2026.
- New section: robbery or dacoity with a deadly weapon, grievous hurt, or attempt to cause death or grievous hurt is Section 311 of the BNS.
- Old section: it replaced Section 397 of the IPC. (Dacoity with murder is Section 310(3), not 311.)
- Punishment: imprisonment of not less than seven years, and a fine. The seven years is a statutory minimum.
- Classification: cognizable, non-bailable, triable by the Court of Session.
01Why the section number matters now
Since 1 July 2024, the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The robbery and dacoity group has been renumbered and partly consolidated. Aggravated robbery or dacoity with a deadly weapon or grievous hurt, earlier Section 397 of the IPC, is now Section 311 of the BNS.
There is a frequent error worth fixing at the outset. Many search for "Section 311" expecting dacoity with murder. Under the BNS, dacoity with murder is Section 310(3), inside the consolidated dacoity provision. Section 311 is the separate aggravated-violence offence. Reading the number against the correct offence avoids charging the wrong section.
02What Section 311 covers
Section 311 of the BNS raises the punishment for robbery or dacoity when, at the time of committing the offence, the offender:
- uses any deadly weapon;
- causes grievous hurt to any person; or
- attempts to cause death or grievous hurt to any person.
It is not a standalone offence. It applies on top of robbery under Section 309 or dacoity under Section 310 of the BNS, and it sets a minimum sentence of seven years. The aggravating factor is the use or threat of serious violence during the robbery or dacoity.
A floor, not a ceiling
The key feature of Section 311 is the statutory minimum. The court cannot go below seven years where this section applies. That is what marks out the use of a deadly weapon or grievous hurt during robbery or dacoity.
03Key ingredients
The prosecution must prove each of these:
- a robbery or dacoity was committed;
- at the time of committing it, the offender used a deadly weapon, caused grievous hurt, or attempted to cause death or grievous hurt.
Courts under the old Section 397 of the IPC held that this provision targets the actual offender who used the weapon or caused the hurt, so the aggravated minimum attaches to the person who did the aggravating act. The exact facts about who did what are therefore central. Attempt to commit robbery or dacoity when armed with a deadly weapon is dealt with separately in Section 312 of the BNS.
04Old to new: IPC 397 to BNS 311
Section 397 of the IPC, robbery or dacoity with attempt to cause death or grievous hurt, is now Section 311 of the BNS. The seven-year minimum is carried over.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Dacoity (definition and punishment) | Sections 391, 395 | Section 310 |
| Dacoity with murder | Section 396 | Section 310(3) |
| Robbery or dacoity with deadly weapon or grievous hurt | Section 397 | Section 311 |
| Attempt to commit robbery or dacoity when armed | Section 398 | Section 312 |
Because the substance is carried over, judgments on Section 397 of the IPC still guide how Section 311 is read.
05Punishment and classification
The punishment under Section 311 is imprisonment for a term which shall not be less than seven years, and the offender is also liable to a fine. The seven-year figure is a minimum, set by statute.
On classification, the offence under Section 311 is:
- Cognizable: the police can register an FIR and investigate without prior approval of a court.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by the Court of Session.
Why a minimum sentence
Robbery or dacoity is already serious. When a deadly weapon is used or grievous hurt is caused, the law fixes a floor of seven years so the sentence reflects the added danger to life.
06What changed from the old law
For this offence, the change is mostly the number. The aggravating acts and the seven-year minimum are carried over from Section 397 of the IPC, so older precedents still apply, including the line of cases on who the minimum attaches to.
The main practical point is to avoid the "dacoity with murder" mix-up. That offence is Section 310(3) of the BNS, inside Section 310. Section 311 is the deadly-weapon or grievous-hurt aggravation of robbery or dacoity.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Section 311 cases turn on proof of the aggravating act and on how courts have attached the seven-year statutory minimum, questions worked out over the old Section 397 rulings. Claw lets you pull that case law with a section, party or advocate search across 9,102 courts, benches and forums, covering Supreme Court judgments from 1950 and High Court judgments from 1990, and returns matches from 30 crore+ judgments in under 5 seconds.
Claw keeps your documents private and does not use them to train its AI models. Open a free Claw account to see how Sessions courts and High Courts have applied the minimum sentence here, or to track a live matter by party or advocate name. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 311, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
Is BNS Section 311 dacoity with murder?
No. Dacoity with murder is Section 310(3) of the BNS, which was Section 396 of the IPC. Section 311 is robbery or dacoity with use of a deadly weapon, grievous hurt, or an attempt to cause death or grievous hurt, which was Section 397 of the IPC.
What is the punishment under BNS Section 311?
Imprisonment for a term which shall not be less than seven years, and a fine. The seven years is a statutory minimum, so the court cannot go below it where the section applies.
Does Section 311 apply to everyone in the group?
Under the old Section 397 of the IPC, courts held the aggravated minimum attaches to the offender who actually used the weapon or caused the hurt. Section 311 carries this over, so the facts about who did the aggravating act matter.
What counts as a deadly weapon?
A deadly weapon is one likely to cause death or grievous hurt, judged on the facts. Courts look at the nature of the weapon and how it was used during the robbery or dacoity. This is a question of fact in each case.
Does old case law on IPC Section 397 still apply?
In large part, yes. Because the aggravating acts and the seven-year minimum are carried over, judgments on Section 397 of the IPC still guide how Section 311 of the BNS is read.
Can I track a case under BNS Section 311 in Claw?
Yes. Search Claw by section, party or advocate to bring back the matching cases, orders and hearings from 9,102 courts, benches and forums in under 5 seconds. It helps you research and track the case rather than give legal advice.