What is the punishment for robbery under IPC Section 392?

Rigorous imprisonment up to ten years and a fine; for highway robbery between sunset and sunrise, imprisonment may extend to fourteen years.

Which BNS provision corresponds to IPC Section 392?

Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 addresses punishment for robbery.

Does every theft amount to robbery?

No. Robbery requires the additional statutory elements of violence, wrongful restraint or fear of instant harm connected with theft, or the specific elements of extortion constituting robbery.

Indian Criminal Law | IPC and BNS

IPC Section 392: Punishment for Robbery and BNS Section 309(4)

Section 392 of the Indian Penal Code, 1860 prescribed the punishment for robbery. For offences governed by the Bharatiya Nyaya Sanhita, 2023, the corresponding punishment is in Section 309(4).

Current-law position: The Bharatiya Nyaya Sanhita came into force on 1 July 2024. IPC provisions continue to matter for offences committed before commencement, subject to applicable repeal, savings and transitional rules. The date of the alleged conduct matters.

Meaning and punishment under IPC Section 392

Section 392 - 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.

This is a punishment provision. The definition of robbery is found in IPC Section 390, which explains when theft or extortion becomes robbery.

Corresponding law: BNS Section 309

Section 309(1): Robbery involves either theft or extortion, with additional conditions specified in the law. Sections 309(2) and 309(3) explain when theft and extortion, respectively, constitute robbery. Section 309(4) prescribes punishment for completed robbery.

Provision	Subject	Punishment / effect
IPC 392	Completed robbery under the former IPC	Rigorous imprisonment up to 10 years and fine; up to 14 years for highway robbery between sunset and sunrise
BNS 309(4)	Completed robbery under current law	Rigorous imprisonment up to 10 years and fine; up to 14 years for highway robbery between sunset and sunrise
BNS 309(5)	Attempt to commit robbery	Rigorous imprisonment up to 7 years and fine
BNS 309(6)	Voluntarily causing hurt while committing or attempting robbery	Imprisonment for life, or rigorous imprisonment up to 10 years, and fine, subject to statutory conditions

Essential ingredients of robbery

When theft becomes robbery

The offender must commit theft, or carry away or attempt to carry away property obtained by theft, and for that purpose voluntarily cause or attempt to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint. The required connection between the theft and the coercive act is important.

When extortion becomes robbery

The offender must be sufficiently near the person put in fear and, by fear of instant death, hurt or wrongful restraint to that person or another, induce delivery of the property then and there. A remote threat to cause harm at a later time may amount to extortion without necessarily amounting to robbery.

Practical examples

A person forcibly restrains another and takes a wallet without consent. The use of wrongful restraint to carry out the theft can make the act robbery.
A person points a weapon at someone and demands immediate delivery of a purse. The threat of instant harm and immediate delivery can constitute robbery by extortion.
A person sends a message demanding money with a threat to harm someone next week. That conduct may amount to extortion or another offence, but it is not automatically robbery because the required immediacy and presence may be absent.

IPC Section 392: Case law references

The following citations appeared in the original article and are retained as research references. The precise holdings and applicability should be checked against the reported judgments before relying on them in pleadings:

Sikander v. State, 1984 Cri LJ (NOC) 103 (Delhi).
George v. State of Kerala, 2002 Cri LJ 2031 (SC).
Ezhil v. State of Tamil Nadu, 2002 Cri LJ 2799 (SC).
Manna v. State (NCT of Delhi), 2003 Cri LJ 4440 (SC).

Investigation, bail and criminal procedure

Robbery is treated as a serious criminal offence. The applicable classification, investigation, bail procedure and trial forum should be checked under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (or the corresponding prior procedural law where applicable). The exact allegations, timing and additional charges can affect the procedural position.

For general procedural guidance, see how to register an FIR, remedies when police do not register an FIR, and detention and bail guidance.

Frequently asked questions

What is the maximum punishment under IPC Section 392?

Ordinarily, rigorous imprisonment up to ten years and fine. For highway robbery committed between sunset and sunrise, the term may extend to fourteen years.

Which section applies to robbery after 1 July 2024?

Section 309 of the BNS applies to offences governed by the new criminal law, with Section 309(4) providing the punishment for completed robbery.

Is theft the same as robbery?

No. Robbery is a more serious offence involving theft or extortion accompanied by the specific coercive elements required by law.

Official legislation and further reading

India Code - official central legislation portal (search for Bharatiya Nyaya Sanhita, 2023, Section 309).
Ministry of Home Affairs - new criminal laws and official notifications.
Important IPC sections, crimes and punishments.
IPC judgments and case-law citations.

Article reviewed: 30 October 2026. This is general legal information, not advice for a particular case.