BNS Section 312: Attempt to Commit Robbery or Dacoity When Armed With a Deadly Weapon (IPC 398 Mapping) (2026)
What Section 312 of the Bharatiya Nyaya Sanhita (BNS) covers, an attempt to commit robbery or dacoity while armed with a deadly weapon, how it maps to the old Section 398 of the IPC, the minimum punishment, and its classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 312 of the Bharatiya Nyaya Sanhita (BNS) applies when a person, while armed with a deadly weapon, attempts to commit robbery or dacoity. The BNS is the new criminal code in force since 1 July 2024, and Section 312 replaced Section 398 of the Indian Penal Code (IPC). The punishment is imprisonment of not less than seven years, and a fine. Note the common mix-up: belonging to a gang of dacoits is not Section 312, it is Section 310(6) of the BNS. This explainer sets out what Section 312 actually covers, how it maps to the old law, the minimum punishment, and what changed. Last verified October 2026.
- New section: attempt to commit robbery or dacoity when armed with a deadly weapon is Section 312 of the BNS.
- Old section: it replaced Section 398 of the IPC. (Belonging to a gang of dacoits is Section 310(6), not 312.)
- Punishment: imprisonment of not less than seven years, and a fine. The seven years is a statutory minimum.
- Key point: the robbery or dacoity need not be completed; the armed attempt is enough.
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. An attempt to commit robbery or dacoity while armed with a deadly weapon, earlier Section 398 of the IPC, is now Section 312 of the BNS.
There is a frequent error to fix at the start. Many look up "Section 312" expecting the offence of belonging to a gang of dacoits. Under the BNS, that offence is Section 310(6), inside the consolidated dacoity provision. Section 312 is the separate armed-attempt offence. Reading the number against the correct offence avoids citing the wrong section.
02What Section 312 covers
Section 312 of the BNS applies where the offender is armed with a deadly weapon at the time of attempting to commit robbery or dacoity. It sets a minimum sentence of seven years.
The offence is about the attempt, not the completed robbery or dacoity. What lifts it to this section is that the person carried a deadly weapon while making the attempt. So even an unsuccessful armed attempt attracts the seven-year floor.
Attempt plus a weapon
Section 312 punishes the dangerous combination of an attempt at robbery or dacoity and being armed. Where the weapon is actually used, or grievous hurt is caused, the offence falls under Section 311 of the BNS instead, which covers robbery or dacoity with a deadly weapon or grievous hurt.
03Key ingredients
The prosecution must prove each of these:
- the accused attempted to commit robbery or dacoity;
- at the time of the attempt, the accused was armed with a deadly weapon.
The robbery or dacoity need not be completed. Being armed is the aggravating factor. The dacoity offences themselves, including the five-person threshold, are set out in Section 310 of the BNS. If the weapon is actually used or grievous hurt is caused, Section 311 applies.
04Old to new: IPC 398 to BNS 312
Section 398 of the IPC, attempt to commit robbery or dacoity when armed with a deadly weapon, is now Section 312 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 |
| Belonging to a gang of dacoits | Section 400 | Section 310(6) |
| 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 398 of the IPC still guide how Section 312 is read.
05Punishment and classification
The punishment under Section 312 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 statutory minimum.
On classification, the offence under Section 312 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.
A minimum, even for an attempt
The striking feature is that even an attempt, if the offender is armed, draws a floor of seven years. The law treats an armed attempt at robbery or dacoity as a grave danger to life.
06What changed from the old law
For this offence, the change is mostly the number. The armed-attempt element and the seven-year minimum are carried over from Section 398 of the IPC, so older precedents still apply.
The main practical point is to avoid the "gang of dacoits" mix-up. That offence is Section 310(6) of the BNS, inside Section 310. Section 312 is the armed-attempt offence. Where a weapon is actually used, see Section 311 of the BNS.
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.
Prosecutions under Section 312 depend on proof of the attempt and of the accused being armed, and on how courts have fixed the seven-year minimum, a body of reasoning carried over from the old Section 398. With Claw you can search that case law by section, party or advocate across 9,102 courts, benches and forums, reaching the Supreme Court from 1950 and High Courts from 1990, with answers in under 5 seconds from more than 30 crore judgments.
The documents you upload are never used to train Claw AI models, so your matters stay confidential. Create a free Claw account to study how armed-attempt cases have been sentenced, or to keep track of a live matter by party or advocate name. For a wider search of Indian 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 312, 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 312 about belonging to a gang of dacoits?
No. Belonging to a gang of dacoits is Section 310(6) of the BNS, which was Section 400 of the IPC. Section 312 is an attempt to commit robbery or dacoity while armed with a deadly weapon, which was Section 398 of the IPC.
What is the punishment under BNS Section 312?
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 the robbery have to be completed?
No. Section 312 applies to an attempt to commit robbery or dacoity while armed with a deadly weapon. The offence is complete on the armed attempt, even if the robbery or dacoity fails.
How is Section 312 different from Section 311?
Section 312 covers an armed attempt at robbery or dacoity. Section 311 covers robbery or dacoity where a deadly weapon is actually used, grievous hurt is caused, or death or grievous hurt is attempted. Both carry a seven-year minimum.
Does old case law on IPC Section 398 still apply?
In large part, yes. Because the armed-attempt element and the seven-year minimum are carried over, judgments on Section 398 of the IPC still guide how Section 312 of the BNS is read.
Can I track a case under BNS Section 312 in Claw?
Yes. A section, party or advocate search on Claw returns the relevant cases, orders and hearings from 9,102 courts, benches and forums in under 5 seconds. Claw tracks and researches the matter but does not give legal advice.