Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XVII > Robbery (S. 309 BNS)
Robbery is one of the most serious forms of property-related crimes, involving not just theft, but the use or threat of violence against a person. Robbery can be defined as a criminal act where theft or extortion occurs, accompanied by certain additional elements. It involves the use or threat of violence, harm, or wrongful restraint to compel a person to give up their property or belongings. Robbery is a crime against property under the Bharatiya Nyaya Sanhita, 2023 (BNS). Under the Sanhita, robbery is distinctly defined to encompass elements of both theft and extortion when accompanied by immediate fear or harm. Codified under Sections 309 of the BNS, robbery is treated as a grave offence due to its direct threat to personal safety and public order. This article delves into the legal framework governing robbery in India, its essential ingredients, distinctions from related offences, and judicial interpretations that shape its application in criminal law.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 309(1), (2), (3) | S. 390 | Formal changes reorganized in form of clauses (1), (2), and (3) and sub-heading is dropped. |
| S. 309(4) | S. 392 | IPC Section is included as sub-section in BNS sans heading. |
| S. 309(5) | S. 393 | IPC Section is included as a sub-section in BNS sans heading. |
| S. 309(6) | S. 394 | IPC Section is included as a sub-section in BNS sans heading. |
S. 309 BNS (Defining Robbery):
Robbery:
(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.
As the terminology used in section S. 309 BNS suggests that it is not a new offence in itself, because in robbery, there is either theft or extortion. It is an aggravated form of offence of theft or extortion. Aggravation is in the use of violence of death, hurt or restraint in course of both. The essence of this offence is the presence of imminent fear or violence.
Essential Elements for Theft as Robbery:
- The accused voluntarily causes or attempts to cause to any person
- death or
- hurt or
- wrongful restraint, or
- fear of instant death or
- fear of instant hurt, or
- fear of instant wrongful restraint; and
- He does so 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
- Illustration (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.
Example 1:
X and Y enter inside the bank vault/strong room through a underground tunnel and take away all the valuables kept safe there and through that tunnel itself they make their way out. This is simple theft.
Example 2:
X and Y enter inside the bank premises armed with guns, they head towards the cashier and demand him to deliver the money, on his refusal and on the guard‘s intervention they shot at both of them and take away the money. In this case there is apprehension of instant death, hence it is theft amounting to robbery
In Harish Chandra v. State of U.P., AIR1976SC1430 case, where the appellant forcibly snatched a wrist watch from the victim in a train and he with co-accused was attempting to run away with the watch. When the victim raised an alarm, appellant slapped him and the co-accused hit him with a stick. Appellant argued that the case did not fall under section 390 IPC (S. 309(1) BNS) because when the appellant slapped the victim the watch was already stolen and it could not be said that the hurt was caused to the victim in order to commit the theft, or in committing the theft. However, the Supreme Court rejected this argument on the ground that hurt was caused when the accused were trying to carry away the stolen property and because the victim had raised an alarm, he was slapped so that the accused may be able to carry away the stolen property. Therefore the case was clearly within the purview of s. 390 IPC (S. 309(1) BNS).
In State of Maharashtra v. Joseph Mingel koli, 1997 (1) BOM CR 362 case, it was held that in order to establish the offence of robbery by committing the offence of theft it was essential to prove all the five necessary essentials laid down under Section 378 IPC (S. 303(1) BNS) which is said to constitute theft. If anyone of the five ingredients of Section 378 (S. 303(1) BNS) has not happened while committing theft, the offence of robbery under Section 390 (S. 309(1) BNS) cannot be said to have been committed.
Essential Elements for Extortion as Robbery:
- The accused voluntarily puts any person or other person
- fear of instant death or
- fear of instant hurt, or
- fear of instant wrongful restraint; and
- He does so at the time of committing the extortion and in the presence of the person
- The person delivers the property extorted for
- Illustration (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.
- Illustration (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.
- Illustration (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.
Example 1:
X obtains property from Y 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.
Example 2:
X on a deserted road obtains all valuables and money from Y by saying “Give me all valuables and money you are having with you right now, otherwise I will shoot your child in no time”. There is instant danger to life of Y’s child. Hence it is robbery.
S. 309(4) BNS (Punishment for 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; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Punishment for Robbery (First Part):
Rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine
Classification of Offence under S. 309(4) First Part:
The offence is Cognizable, Non-Bailable, and triable by Magistrate of the First Class.
S. 309(5) BNS (Punishment for Attempt of 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.
Ingredients of S. 309(5) BNS:
- The accused attempts to commit robbery; and
- He is unsuccessful in doing so.
Punishment under S. 309(5) BNS:
Rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Classification of Offence:
The offence is Cognizable, Non-Bailable, and triable by Magistrate of the First Class.
Aggravated Forms of Robbery:
S. 309(4) BNS Robbery on the Highway between Sunset and Sunrise (Second Part):
Ingredients of S. 309(4) (Second Part):
- The accused committing robbery; and
- He is committing it on the highway between sunset and sunrise.
Punishment:
Imprisonment may be extended to fourteen years.
Classification of Offence under S. 309(4) Second Part:
The offence is Cognizable, Non-Bailable, and triable by Magistrate of the First Class.
S. 309(6) BNS:
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.
Ingredients of S. 309(6) BNS:
- The accused or/and his accomplice is committing or attempting to commit robbery; and
- He or the accomplice voluntarily causes hurt to such person on which robbery is inflicted.
Punishment under S. 309(6) BNS:
Imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence:
The offence is Cognizable, Non-Bailable, and triable by Magistrate of the First Class.
Conclusion:
Robbery, as defined under the Bharatiya Nyaya Sanhita, 2023, stands at the intersection of theft/extortion and violence, making it one of the most heinous offences against property and person. By incorporating elements of force or fear, the law rightly treats robbery with greater seriousness than mere theft or extortion. The provisions under Section 309 BNS ensure that the offender is dealt with strictly, reflecting the offence’s potential to disrupt social peace and individual security. However, effective enforcement, awareness among the public, and swift judicial action are essential to curb such crimes. As society evolves, so must legal interpretations and investigative techniques to address newer forms of robbery, especially in the context of organized crime and technological advancement.
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