Section 309 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed, well-supported breakdown of Section 309 of the Bharatiya Nyaya Sanhita, 2023 (BNS), under Chapter XVII – Offences Against Property:
🕵️♂️ Section 309 – Robbery
🧠 Definition
Mandatory element: robbery arises from either theft or extortion. (sudhirrao.com)
Theft becomes robbery if, in committing it, the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of immediate harm to facilitate the theft. (sudhirrao.com)
Extortion becomes robbery if, while in the presence of the victim, the offender induces delivery of property by instilling fear of immediate death, hurt, or restraint. (sudhirrao.com)
Examples:
Taking a victim’s phone by force = robbery.
Threatening someone with harm to extort money in their presence = robbery. (vakilsearch.com, azbpartners.com)
⚖️ Punishments
Offence Type
Penalty
Robbery
Rigorous imprisonment up to 10 years + fine; if on highway at night, up to 14 years (sudhirrao.com)
Attempted robbery
Rigorous imprisonment up to 7 years + fine
Robbery causing hurt
Life imprisonment or rigorous imprisonment up to 10 years, plus fine
🚨 Key Legal Elements
Presence requirement: For extortion to be elevated to robbery, it must occur while the offender is present with the victim—close enough to cause fear directly. (vakilsearch.com)
Voluntariness: The act of threat, restraint, or causing fear must be intentional and voluntary.
Violence or threat: Includes both actual physical force (hurt/restraint) and fear of instant harm.
🧭 Context & Comparison
Section 309 BNS consolidates and expands upon IPC Sections 390–394, structuring robbery law into a single, streamlined provision. (testbook.com)
The aggravated punishments under clauses 4–6 cover regular robbery, highway/night robbery, attempts, and cases involving hurt. (testbook.com)
Offences under this section are cognizable (arrest without warrant) and non‑bailable, tried by a First Class Magistrate. (testbook.com)
📊 Summary Table
Clause
Description
Punishment
(2) Theft ➝ Robbery
Using force/threat during theft
Up to 10 yrs rigorous + fine (14 yrs for night/road)
(3) Extortion ➝ Robbery
Fear/force during extortion in presence
Same as above
(4) Attempt
Attempted robbery
Up to 7 yrs rigorous + fine
(6) Hurt during robbery
Causing hurt in robbery
Life imprisonment or up to 10 yrs rigorous + fine
🔍 Why It Matters
Elevates severity: Recognizes robbery as a more serious form of property offence than theft or extortion.
Enhances deterrence: Caps extend significantly higher—especially where violence is involved.
Streamlines law: Replaces multiple IPC sections with a single, comprehensive, modernized provision.
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