IPC Section 390 Robbery: Definition, Examples and BNS Section 309

Section 390 of the Indian Penal Code, 1860 defined robbery as theft or extortion accompanied by specified violence, restraint or fear of immediate harm. From 1 July 2024, the corresponding law is Section 309 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Meaning and definition of robbery

Under IPC Section 390, every robbery involves either theft or extortion, but every theft or extortion is not robbery. The additional requirements concern violence, wrongful restraint, or fear of instant harm.

When theft becomes robbery

Theft becomes robbery when, to commit theft, while committing it, or while carrying away or attempting to carry away stolen property, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint, for that purpose.

When extortion becomes robbery

Extortion becomes robbery when the offender is present with the person put in fear, threatens instant death, hurt or wrongful restraint to that person or another, and thereby induces the person to deliver the property then and there. Presence includes being sufficiently near to cause fear of immediate harm.

Four statutory illustrations explained

1. Restraint during theft: A holds Z down and removes money and jewellery from Z's clothes without consent. This is robbery because wrongful restraint facilitates the theft.
2. Pistol threat: A displays a pistol and demands Z's purse on a road; Z hands it over immediately. The extortion amounts to robbery.
3. Threat to a child present: A threatens to throw Z's child down a precipice unless Z immediately hands over a purse. This is robbery because of the immediate threat to the child.
4. Threat of future harm: A says Z's child is held elsewhere and will be killed unless money is sent. This may be extortion, but it is not robbery on those facts unless the statutory requirement of fear of instant death is satisfied.

Current law: Section 309 of the Bharatiya Nyaya Sanhita

BNS Section 309(1)-(3) substantially carries forward the definition, explanation and illustrations in IPC Section 390. The same section also specifies punishments:

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, these robbery offences are generally classified as cognizable and non-bailable, and triable by a Magistrate of the first class. Applicable amendments and case-specific circumstances should be checked.

Theft, extortion, robbery and dacoity

Theft under BNS Section 303 concerns dishonest taking of movable property without consent. Extortion under BNS Section 308 involves intentionally putting a person in fear of injury and dishonestly inducing delivery of property or specified valuable security. Robbery under BNS Section 309 adds the statutory elements of violence, restraint or instant fear. Dacoity under BNS Section 310 generally involves five or more persons conjointly committing or attempting robbery, including persons present and aiding as defined there.

Important legal considerations

Whether an incident constitutes robbery depends on the nature and timing of the threat, the accused's proximity, the connection between force and taking property, and the evidence of delivery or removal. Merely using the word "robbery" in a complaint does not establish its ingredients. More serious conduct involving deadly weapons or grievous hurt may attract additional provisions, including BNS Sections 311 and 312, depending on the facts.

Frequently asked questions

Which BNS section replaces IPC Section 390?

BNS Section 309(1)-(3) corresponds to the definition of robbery in IPC Section 390.

What is the punishment for robbery under current Indian law?

Under BNS Section 309(4), rigorous imprisonment may extend to ten years and a fine is also imposed. The maximum may extend to fourteen years for robbery on a highway between sunset and sunrise.

Is robbery a bailable offence?

Robbery under BNS Section 309 is classified as non-bailable in the BNSS First Schedule.

Does every threat to obtain money amount to robbery?

No. Extortion becomes robbery only where the additional conditions in BNS Section 309(3), including presence, fear of instant harm and delivery then and there, are established.

Official legal references

Read the India Code official legislation portal, the officially hosted Bharatiya Nyaya Sanhita text, and the National Crime Records Bureau BNS section index. Check the current consolidated legislation and any applicable amendments before relying on a provision in proceedings.

This article is general legal information, not a substitute for advice based on the facts of an individual case.