IPC 398 → BNS 312: Attempt Robbery (Weapon)

Quick Summary: IPC 398 vs BNS 312

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 398 (Attempt Robbery (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 attempt robbery (weapon) as BNS 312.

What did IPC 398 cover?

IPC 398 dealt with attempt robbery (weapon) — attempt to commit robbery or dacoity when armed with deadly weapon. 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 312: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to attempt robbery (weapon) are filed under BNS Section 312, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 312

Same - Minimum 7 years

Practical implications for advocates, police & citizens

• Advocates: For attempt robbery (weapon), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 312 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new attempt robbery (weapon) FIR cites BNS 312.
• Law students & citizens: With attempt robbery (weapon), value, the manner of taking and any force used determine which property offence applies and how serious it is.