Section 393 IPC - Attempt to Commit Robbery: Punishment and BNS Section 309(5)

Section 393 of the Indian Penal Code, 1860 prescribed punishment for an attempt to commit robbery. For offences committed on or after 1 July 2024, the corresponding provision is Section 309(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What did Section 393 IPC provide?

Section 393 IPC stated:

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.

The provision punished an attempt even where the intended robbery was not completed. It did not require successful removal or delivery of property, but the prosecution had to establish conduct amounting to an attempt to commit robbery.

Current law: Section 309(5) BNS

Section 309(5) of the Bharatiya Nyaya Sanhita, 2023 continues the specific offence of attempting to commit robbery. The prescribed punishment remains rigorous imprisonment for up to seven years and liability to fine.

Section 309(1) explains that robbery involves theft or extortion. Section 309(2) describes when theft amounts to robbery, including specified violence, restraint or fear used for the theft or carrying away stolen property. Section 309(3) addresses extortion by putting a person in fear of instant death, hurt or wrongful restraint and inducing immediate delivery of property.

Essential ingredients of attempted robbery

• Intention: The accused must intend to commit acts constituting robbery.
• Overt act: There must be conduct going beyond mere preparation and sufficiently connected with the intended robbery.
• Robbery-related circumstances: The evidence must connect the attempted offence to theft or extortion accompanied by the force, restraint or immediate fear described in the statutory definition.
• Non-completion: The offence of attempt may arise even if the intended robbery is interrupted or fails.

Whether conduct amounts to an attempt depends on the facts and evidence. Mere suspicion or an unexecuted plan is not, by itself, proof of attempted robbery.

Punishment, bail and trial

The current classification follows the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean that bail is prohibited; bail is governed by the applicable procedural law and judicial assessment.

Distinction from related offences

Completed robbery: Section 309(4) BNS provides the punishment for completed robbery, ordinarily rigorous imprisonment up to ten years and fine, with a higher maximum for highway robbery between sunset and sunrise.

Voluntarily causing hurt: Section 309(6) BNS provides a more serious punishment where hurt is voluntarily caused in committing or attempting robbery.

Attempt while armed: Section 312 BNS addresses an attempt to commit robbery or dacoity while armed with a deadly weapon and prescribes imprisonment of not less than seven years.

Dacoity: Section 310 BNS deals with robbery or attempted robbery involving five or more persons acting conjointly, including persons present and aiding as specified in the provision.

Illustrative example

A person threatens another with immediate injury and demands a wallet, but the victim escapes before handing it over. Depending on the evidence, the acts may constitute attempted robbery even though no property changes hands. The precise charge will depend on all relevant circumstances, including any weapon or injury.

Does Section 393 IPC still apply?

The IPC has been repealed for the new substantive criminal-law regime. However, the repeal and savings framework preserves relevant legal consequences and proceedings for conduct occurring before commencement, as applicable. Cases should therefore be assessed with reference to the date of the incident and the governing transitional provisions, rather than automatically substituting a BNS section in every older case.

Official legal references

• National Crime Records Bureau - BNS statutory provisions, including Section 309
• National Crime Records Bureau - BNSS First Schedule offence classifications
• Bureau of Police Research and Development - Bharatiya Nyaya Sanhita, 2023 (PDF)
• India Code - official central legislation database

This article provides general legal information, not case-specific legal advice. Consult the current statutory text and any applicable amendments or judicial decisions.