Code: Section 312 BNS
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.
Explanation of Section 312 BNS
Section 312 BNS deals with the attempt to commit robbery or dacoity when the offender is armed with a deadly weapon. The law imposes a minimum imprisonment of seven years to deter individuals from using violence during such crimes.
This section focuses on the danger posed by the offender’s readiness to commit violent acts, even if the robbery or dacoity was not successfully carried out.
Illustrations
Example 1: Attempted Robbery with a Deadly Weapon
A tries to rob a bank while carrying a pistol. Although the robbery fails because the police arrive, A is still punishable under Section 312 for attempting the crime while armed.
Example 2: Dacoity Attempt with a Knife
B attempts to commit dacoity in a market using a sharp knife to intimidate people. Even if B does not succeed, he faces a minimum of seven years imprisonment under Section 312.
Example 3: Armed but No Attempt Made
C carries a bat with the intention to commit robbery but never actually attempts it. Since no attempt was made, Section 312 does not apply. However, C could still face legal action under other relevant laws.
Example 4: Attempt with a Non-Deadly Object
D tries to commit robbery with a stick that is not capable of causing serious harm. In such cases, Section 312 may not apply unless the stick is deemed a deadly weapon.
Common Questions and Answers on Section 312 BNS
1. What qualifies as a ‘deadly weapon’ under Section 312?
- Answer: A deadly weapon includes firearms, sharp-edged weapons, heavy sticks, or anything capable of causing death or grievous injury.
2. Does the offender need to cause harm to be punished under Section 312?
- Answer: No. The attempt to commit the crime while armed is enough, even if no harm is caused.
3. Is the punishment always seven years?
- Answer: The minimum punishment is seven years. Courts may impose a longer sentence depending on the case’s severity.
4. Can someone be punished under Section 312 if the robbery is not successful?
- Answer: Yes. Attempting to commit the crime while armed is sufficient for prosecution under this section.
5. What if the offender is armed but has no intention to use the weapon?
- Answer: If the weapon is present but not used, the offender can still be punished if it’s proven that the weapon was carried with the intent to commit a robbery or dacoity.
Conclusion
Section 312 BNS ensures strict penalties for individuals attempting to commit robbery or dacoity while armed with deadly weapons. It aims to:
- Deter violent crime,
- Ensure public safety, and
- Maintain the rule of law.
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