● Retained in BNS
Using a deadly weapon, or causing or attempting to cause death or grievous hurt, during a robbery or dacoity carries a mandatory minimum of 7 years' imprisonment under BNS Section 311, unchanged from IPC 397.
Section 397 IPC provided that if, at the time of committing robbery or dacoity, the offender used a deadly weapon, caused grievous hurt, or attempted to cause death or grievous hurt to any person, the imprisonment could not be less than 7 years.
BNS Section 311 reproduces the offence verbatim, word for word -- no substantive change.
Unchanged in substance. Pure renumbering from IPC 397 to BNS 311.
Imprisonment which shall not be less than 7 years..
IPC 397 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 397 are tried before the Court of Session..
Common defences include disputing that a deadly weapon was actually used or that death/grievous hurt was caused or attempted, and the general defences available to the underlying robbery or dacoity charge.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons