On January 16, 2025, India woke up to the news of actor Saif Ali Khan being stabbed at his Bandra home during an attempted robbery. CCTV footage is doing the rounds showing a person in the staircase, alleged to be the one who attacked Saif Ali Khan with a knife. There is a flood of speculations by media houses and politicians, discussing whether it was a failed attempt of murder, or a mere theft which turned into a robbery after waking the housemates followed by scuffle with Saif Ali Khan, who was eventually stabbed multiple times. Let’s have a look and understand the incident from a legal lens.
Saif Ali Khan Attack News
What we know so far through reports reflects that it was midnight around 2:30 AM on Thursday when Saif Ali Khan got into a scuffle with an intruder armed with a knife who attacked him multiple times. It is suspected that it was an attempt of committing robbery at Saif’s Bandra Residence “Satguru Sharan”. Saif suffered six knife injuries, was immediately rushed to Mumbai’s Lilawati Hospital, and underwent surgery. As per reports, the actor is now out of danger and will likely be discharged from the hospital within 2 days.
Saif Ali Khan Stabbed at Home – Which Sections of BNS may apply?
The incident of actor Saif Ali Khan attacked at his home is highly condemned and also an offence as per the Indian Criminal Laws. The Pataudi Family reported the incident to the Bandra Police and the crime is being investigated. Generally speaking, when the Police proceeds with investigation of an offence, the laws require that the act should have been categorised as a crime as per Criminal laws and the accused should be informed of the offences for which he/she is being arrested. It may be noted that the offences may vary in the chargesheet as compared to the ones written down in Police’s daily diary or FIR.
The matter is still under investigation by Bandra Police. However, being students of law for life, we cannot help but weigh the provisions under which the offence could fall. Here, we attempt to figure out the major provisions of the Bharatiya Nyaya Sanhita, 2023 applicable on the incident of Saif Ali Khan stabbed at home during robbery, as alleged by news reports.
House-Trespass to Commit Offence
Section 330 of BNS defines house-trespass and house-breaking, Section 332 states about house-trespass in order to commit offence, Section 333 accompanies preparation for hurt, assault or wrongful restraint. Since the attacker in the instant case broke into Saif’s Bandra house “Satguru Sharan”, first encountered with the maid followed by Saif Ali Khan being stabbed multiple times at home during midnight, the provision applies.
Attempt to Murder
Section 109 of Bharatiya Nyaya Sanhita defines attempt to murder and states the punishment for the offence. It punishes anyone who commits an act intending or being aware that the act could cause the death of someone. In the instant case of Saif Ali Khan stabbed multiple times during an alleged robbery attempt, if the investigation does not reveal anything about the robbery, it would for sure be an attempted murder. In fact, there are speculations that Saif Ali Khan being attacked with a knife in the middle of the night might be a failed plan of assassination, since by God’s grace, the actor survived and has been successfully treated for the serious injuries sustained.
Attempted Robbery
As defined under Section 309 of BNS, all acts of robbery are either theft or extortion. Along with the offence of stealing or extorting money or valuables, the offender either causes or attempts to cause death or hurt or wrongful restraint or fear of death. In the case of Saif Ali Khan stabbed at home, he was attacked with a knife and there are speculations that the man broke into the building for valuables. Hence, if that was the case, if he attacked Saif Ali Khan in order to steal something, it would have been attempted robbery, since there are no confirmed reports so far about anything being stolen.
Robbery with Deadly Weapon
What we know so far is that Saif Ali Khan was attacked with a knife and survived multiple minor and major wounds. The intention for an unknown man breaking into the house of Saif is yet to be investigated. If the man by whom Saif Ali Khan was attacked with a knife at midnight entered the house in an attempt to commit robbery, or to cause death/grievous hurt, he will be punishable under Section 311 or 312, as the case may be.
Gang of Robbers
If the person who attacked actor Saif Ali Khan is found to be belonging to a gang of persons who are habitual offenders of committing theft or robbery, the person so associated will be charged under Section 313 of BNS.
Why not Dacoity?
The offence of dacoity under Section 310 of BNS requires 5 or more persons conjointly committing or attempting to commit robbery. Based on the Saif Ali Khan Attack News so far, it was only a man caught on camera and reported as well. Hence, the difference between robbery and dacoity majorly counts for the number of offenders involved in the act/offence.
Saif Ali Khan Attack – A matter under investigation
As mentioned earlier, this was only an attempt to address the curiosity of students of law, whether those still in college, or those into the profession who play with the provisions and their application on a daily basis. The offence of Saif Ali Khan being attacked and stabbed multiple times with knife at his home is still under investigation by the Bandra Police. It may be a case of robbery, attempted murder, or something beyond imagination, yet to be unveiled. We pray for speedy recovery for the beloved actor Saif Ali Khan who is cherished for his profession and the person he is.
