IPC Section 390: Robbery - Definition, Illustrations and BNS Section 309
Robbery is an aggravated form of theft or extortion involving specified violence, restraint or fear of immediate harm. The definition formerly found in Section 390 of the Indian Penal Code, 1860 is now principally contained in Section 309 of the Bharatiya Nyaya Sanhita, 2023.
Meaning of robbery under IPC Section 390
The central rule is that every robbery involves either theft or extortion. Theft becomes robbery when the offender, to commit the theft or carry away stolen property, voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint.
Extortion becomes robbery when the offender is present with the person threatened, causes fear of instant death, hurt or wrongful restraint to that person or another, and thereby induces immediate delivery of the property. Presence includes being sufficiently near to create that immediate fear.
Corresponding law: BNS Section 309
Section 309(1) - Foundation
Every robbery consists of theft or extortion.
Section 309(2) - Theft amounting to robbery
The violence, attempted violence, restraint or fear of instant harm must be connected with committing theft or carrying away or attempting to carry away the stolen property.
Section 309(3) - Extortion amounting to robbery
The offender must be present, the threat must involve immediate death, hurt or wrongful restraint, and the victim must deliver the thing then and there because of that fear.
Statutory illustrations explained
- Forcible taking: A holds Z down and takes money and jewellery from Z's clothing without consent. The restraint used to commit theft makes it robbery.
- Threat with pistol: A confronts Z on a road, displays a pistol and demands Z's purse. Z immediately hands it over. This is robbery through extortion.
- Threat to a child: A threatens to throw Z's child down a precipice unless Z immediately hands over a purse. The immediate threat to the child makes the extortion robbery.
- Threat of later harm: A says Z's child is held by a gang and will be killed unless money is sent. This can be extortion but is not necessarily robbery unless the statutory requirement of fear of instant death is established.
Essential ingredients of theft-based robbery
There must be theft or an attempt to carry away property obtained by theft, coupled with violence, attempted violence, restraint or fear of instant harm used for that end. The link between the theft and the coercive act is essential; unrelated violence does not automatically transform theft into robbery.
This requirement was discussed in State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom), a Bombay High Court decision cited in the original article. Its reasoning emphasizes the nexus between the theft or removal of property and the use of force or immediate fear.
Punishment under BNS Section 309
| Provision | Conduct | Punishment |
|---|---|---|
| 309(4) | Robbery | Rigorous imprisonment up to 10 years and fine; up to 14 years for robbery on a highway between sunset and sunrise. |
| 309(5) | Attempt to commit robbery | Rigorous imprisonment up to 7 years and fine. |
| 309(6) | Voluntarily causing hurt while committing or attempting robbery | Imprisonment for life, or rigorous imprisonment up to 10 years, and fine; extends to persons jointly concerned as specified. |
Offences under these punishment provisions are generally cognizable and non-bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicable charge, court and procedure depend on the facts and governing law.
Difference between theft, extortion and robbery
Theft ordinarily involves dishonest moving of movable property out of another person's possession without consent. Extortion involves intentionally putting a person in fear of injury and dishonestly inducing delivery of property or other specified things. Robbery arises where theft or extortion is accompanied by the additional statutory elements of violence, restraint or fear of instant harm.
Frequently asked questions
Is robbery the same as theft?
No. Robbery requires additional elements, such as violence, wrongful restraint or immediate fear, connected with theft or extortion.
Which provision replaces IPC Section 390?
BNS Section 309(1)-(3) contains the corresponding robbery definition. BNS Section 309(4)-(6) addresses robbery, attempted robbery and hurt during robbery.
Is robbery a bailable offence?
The robbery offences punishable under BNS Section 309(4)-(6) are classified as cognizable and non-bailable in the BNSS First Schedule.
Official legal references
- National Crime Records Bureau - Bharatiya Nyaya Sanhita text
- Bharatiya Nyaya Sanhita, 2023 - government-hosted PDF
- Delhi Police Academy - BNS reference handbook
- India Code - central legislation database
This article is for general legal information. The applicable statute and procedure depend on the date of the alleged offence, case facts and any relevant savings or transitional provisions.