Code: Section 311 BNS
If, at the time of committing robbery or dacoity, the offender uses any deadly
weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt
to any person, the imprisonment with which such offender shall be punished shall not be
less than seven years.
Explanation of Section 311 BNS
Section 311 BNS deals with situations where robbery or dacoity is committed with additional violence. The law imposes mandatory imprisonment of at least seven years when the crime involves:
- Deadly weapons,
- Grievous hurt, or
- Attempts to cause death or serious injury.
This section is designed to deter violent crimes during robberies or dacoities, ensuring harsher punishments for those who escalate such crimes with physical harm.
Illustrations
Example 1: Robbery with a Deadly Weapon
A and B rob a jewelry store. During the robbery, A threatens the staff with a pistol. Since A used a deadly weapon, he can be punished with at least seven years of imprisonment under Section 311.
Example 2: Dacoity Causing Grievous Hurt
During a dacoity, C strikes a guard with an iron rod, causing serious injuries. Since grievous hurt is caused, C faces a minimum of seven years of imprisonment.
Example 3: Attempt to Cause Death
D attempts to kill a person while committing robbery by stabbing him. Even though the victim survives, D can still be punished under Section 311 because there was an attempt to cause death.
Example 4: No Violence Involved
E commits robbery without using any weapon or causing harm. Since there’s no use of deadly force or grievous hurt, Section 311 does not apply. However, E could still be punished under regular robbery laws.
Common Questions and Answers on Section 311 BNS
1. What is considered a ‘deadly weapon’ under Section 311?
- Answer: A deadly weapon includes firearms, sharp-edged objects, or any instrument capable of causing serious injury or death.
2. Does the offender need to actually cause death to be punished under Section 311?
- Answer: No. The attempt to cause death or grievous hurt is enough, even if the victim survives.
3. What is ‘grievous hurt’ as per Section 311?
- Answer: Grievous hurt includes severe injuries like fractures, loss of sight, disfigurement, or injuries that endanger life.
4. Is the punishment under Section 311 always seven years?
- Answer: The minimum punishment is seven years. However, the court may impose a longer sentence depending on the severity of the crime.
5. Can a person be punished under Section 311 even if they didn’t directly cause the harm?
- Answer: Yes. If the person aided or abetted the crime, they can still be held responsible if they were part of the act that caused harm.
Conclusion
Section 311 BNS strengthens the legal framework for tackling violent robbery and dacoity cases. It ensures:
- Mandatory imprisonment of at least seven years for crimes involving deadly weapons, grievous hurt, or attempts to cause death.
- Deterrence against violent crimes during robberies.
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