Bharatiya Nyaya Sanhita, 2023
Section 312
Attempt to commit robbery or dacoity when armed with deadly weapon
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.
Why this exists
This section closes a gap by ensuring that carrying a deadly weapon during an attempted (but failed or interrupted) robbery or dacoity is punished just as seriously as a completed one under section 311, since the danger to victims from an armed attempt is just as real even if the crime is ultimately foiled.
Common misconceptions
- Myth: If a robbery attempt fails and nothing is stolen, the punishment is automatically much lighter.
Fact: If the offender was armed with a deadly weapon during the attempt, this section requires the same minimum seven-year sentence as a completed armed robbery.