IPC 397 → BNS 311: Robbery/Dacoity (Weapon)

Quick Summary: IPC 397 vs BNS 311

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 397 (Robbery/Dacoity (Weapon)) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering robbery/dacoity (weapon) as BNS 311.

What did IPC 397 cover?

IPC 397 dealt with robbery/dacoity (weapon) — robbery or dacoity, with attempt to cause death or grievous hurt. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 311: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to robbery/dacoity (weapon) are filed under BNS Section 311, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 311

Same - Minimum 7 years

Practical implications for advocates, police & citizens

• Advocates: For robbery/dacoity (weapon), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 311 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new robbery/dacoity (weapon) FIR cites BNS 311.
• Law students & citizens: With robbery/dacoity (weapon), value, the manner of taking and any force used determine which property offence applies and how serious it is.