BNS Section 309 — Robbery
CHAPTER XVII OF OFFENCES AGAINST PROPERTY — Of robbery and dacoity
Criminal
Summary
Sub-section (1) states that every robbery involves either theft or extortion.
Sub-section (2) explains when theft becomes robbery. Theft is robbery if, in order to commit the theft, or while committing it, or while carrying away or trying to carry away the stolen property, the offender voluntarily causes or tries to cause to any person death, hurt, wrongful restraint, or the fear of instant death, instant hurt, or instant wrongful restraint.
Sub-section (3) explains when extortion becomes robbery. Extortion is robbery if, at the time of committing the extortion, the offender is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or instant wrongful restraint to that person or to someone else, and by that fear induces the person to deliver up the thing extorted then and there.
The Explanation clarifies that the offender is considered present if he is close enough to put the other person in fear of instant death, instant hurt, or instant wrongful restraint.
Illustration (a) gives an example: A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Here A has committed theft, and in order to commit that theft has voluntarily caused wrongful restraint to Z, so A has committed robbery.
Illustration (b) gives an example: A meets Z on the high road, shows a pistol, and demands Z's purse. Z surrenders the purse. Here A has extorted the purse by putting Z in fear of instant hurt, and was in Z's presence at the time, so A has committed robbery.
Illustration (c) gives an example: A meets Z and Z's child on the high road. A takes the child and threatens to fling it down a precipice unless Z delivers his purse. Z delivers the purse. Here A has extorted the purse by causing Z to fear instant hurt to the child who is present, so A has committed robbery on Z.
Illustration (d) gives an example: A obtains property from Z by saying your child is in the hands of my gang and will be put to death unless you send ten thousand rupees. This is extortion and punishable as such, but it is not robbery unless Z is put in fear of the instant death of his child.
Sub-section (4) states the punishment for committing robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. If the robbery is committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Sub-section (5) states the punishment for attempting to commit robbery. Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Sub-section (6) states the punishment when hurt is caused during robbery. If any person, in committing or attempting to commit robbery, voluntarily causes hurt, that person and any other person jointly concerned in committing or attempting to commit such robbery shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Official Text
(1) In all robbery there is either theft or extortion.
(2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
(3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations.
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Related Provisions
robbery/dacoity
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)