BACK TO SECTIONSAIR 1975 SC 905
BNS 2024ACTIVE FRAMEWORK
Section 309
Robbery with Attempt to Cause Death or Grievous Hurt
Replaces colonial-era: IPC 397
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 397 to BNS 309.
2
Mandatory minimum of 7 years RI preserved — no judicial discretion to go below this.
3
Applies to both robbery (Section 161) and dacoity (Section 162) when armed.
THE STATUTE
The Clause
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.
Legal Commentary
Section 309 imposes a mandatory minimum sentence of seven years' rigorous imprisonment for robbery or dacoity where a deadly weapon is used or grievous hurt is caused. This is a significant escalation from ordinary robbery (up to 10 years, no mandatory minimum) — it reflects the law's recognition that armed robbery creates a qualitatively different level of danger and trauma to victims. The provision has three triggers: (1) use of any deadly weapon during the robbery — a knife, firearm, acid, iron rod, or any instrument likely to cause death; (2) causing grievous hurt during the robbery; or (3) attempting to cause death or grievous hurt. All three attract the same mandatory seven-year minimum. The 'no less than seven years' formulation means courts have no discretion to impose a lesser sentence even for mitigating circumstances — the minimum is a floor. This mandatory minimum has been criticised by some courts as removing judicial discretion in cases where the facts might warrant a lighter sentence (e.g., a first-time offender whose weapon use was incidental), but the Supreme Court has consistently upheld it as a proportionate legislative response to armed robbery's gravity.
Landmark Precedents
Phool Kumar v. Delhi Administration (1975)
RELEVANCE
Supreme Court held that Section 397 IPC (now BNS 309) imposes a mandatory minimum — courts cannot reduce the sentence below seven years even where mitigating circumstances exist.
Case Simulations
"A motorcycle rider who snatches a woman's chain and, when she resists, slashes her arm with a knife — robbery with grievous hurt, mandatory minimum 7 years."
"Armed dacoits who fire a warning shot inside a bank during a robbery — use of deadly weapon during dacoity, mandatory minimum 7 years."
Expert Insights
The section requires that the weapon be 'used' — merely carrying it may not trigger Section 309 if there is no evidence of use, display, or threat with the weapon. However, courts look at all circumstances, and displaying or threatening with the weapon during the robbery is sufficient.