BNS Section 309 – Robbery
The Indian Penal Code (IPC) Section – 390, 392,394
Bharatiya Nyaya Sanhita (BNS) Section 309: Robbery
Robbery is a serious crime that involves theft or extortion combined with violence, fear, or threats. Below is a simple explanation of the law in easy-to-understand language:
What is Robbery?
Robbery happens when:
- Theft or extortion is committed, and
- The offender uses violence, threats, or fear to:
- Commit the theft or extortion,
- Carry away the stolen property, or
- Force the victim to hand over property.
Types of Robbery
| Type | Description |
|---|---|
| Theft as Robbery | – Theft becomes robbery if the offender: – Causes or attempts to cause death, hurt, or wrongful restraint, or – Creates fear of instant death, hurt, or wrongful restraint. |
| Extortion as Robbery | – Extortion becomes robbery if the offender: – Is present with the victim, – Puts the victim in fear of instant death, hurt, or wrongful restraint, and – Forces the victim to hand over property immediately. |
Examples of Robbery
- Example 1:
- A holds Z down and takes Z’s money and jewels without consent. A has committed robbery by causing wrongful restraint.
- Example 2:
- A shows a pistol to Z on the road and demands Z’s purse. Z hands over the purse out of fear. A has committed robbery by extortion.
- Example 3:
- A threatens to harm Z’s child unless Z hands over his purse. Z gives the purse out of fear. A has committed robbery by extortion.
What is the Punishment?
| Type of Offence | Punishment |
|---|---|
| Robbery | – Rigorous imprisonment for up to 10 years, and – Fine. |
| Robbery on Highway (Sunset to Sunrise) | – Rigorous imprisonment for up to 14 years. |
| Attempt to Commit Robbery | – Rigorous imprisonment for up to 7 years, and – Fine. |
| Causing Hurt During Robbery | – Imprisonment for life, or – Rigorous imprisonment for up to 10 years, and – Fine. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest without a warrant. |
| Bailable or Non-bailable | Non-bailable – The accused cannot easily get bail. |
| Court for Trial | Magistrate of the First Class – The case is tried by a higher-level Magistrate. |
Key Points to Understand
- Force or Fear:
- Robbery involves the use of force, violence, or fear to commit theft or extortion.
- The fear must be of instant harm (immediate danger).
- Presence of Offender:
- In extortion-based robbery, the offender must be present to create fear of instant harm.
- Severity of Crime:
- Robbery is more serious than theft or extortion because it involves violence or threats.
Why is this Law Important?
This law is important because:
- It protects people from violent crimes like robbery.
- It ensures that offenders who use force or threats face strict punishment.
- It maintains public safety and deters such crimes.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 309 defines robbery as theft or extortion combined with violence, threats, or fear. The punishment ranges from 7 years to life imprisonment, depending on the severity of the crime. Robbery on a highway between sunset and sunrise carries a stricter punishment of up to 14 years. The law ensures that those who commit robbery, especially with violence, face severe consequences.
