IPC Section 394: Voluntarily Causing Hurt in Committing Robbery

Section 394 of the Indian Penal Code, 1860 punished causing hurt while committing or attempting robbery. The corresponding provision for offences under the Bharatiya Nyaya Sanhita, 2023 is Section 309(6).

What did IPC Section 394 provide?

Under Section 394 IPC, if a person voluntarily caused hurt while committing or attempting to commit robbery, that person and any other person jointly concerned in the commission or attempt were punishable. The prescribed punishment was imprisonment for life, or rigorous imprisonment for a term up to ten years, and fine.

The provision therefore extended responsibility beyond the person who physically caused the hurt to other persons jointly concerned in the robbery or attempted robbery, where the statutory conditions were satisfied.

Current provision: BNS Section 309(6)

Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 retains the substance of IPC Section 394. Where any person voluntarily causes hurt in committing or attempting robbery, that person and any other person jointly concerned in the robbery or attempt are liable to imprisonment for life, or rigorous imprisonment up to ten years, and fine.

Section 309(1) states that every robbery involves either theft or extortion. Sections 309(2) and 309(3) explain when theft or extortion amounts to robbery, including specified uses of force, restraint, or fear of immediate harm.

Essential ingredients of the offence

1. Robbery or attempted robbery: The conduct must satisfy the legal elements of robbery or an attempt to commit it.
2. Voluntarily causing hurt: Hurt must be voluntarily caused in the course of the robbery or attempt, not merely be an unrelated injury.
3. Connection with the act: The hurt must occur in committing or attempting the robbery.
4. Joint participation: The provision expressly covers other persons jointly concerned in the robbery or attempt; the facts must establish the required connection.

Punishment, bail and court jurisdiction

The classification above is taken from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The precise procedure depends on the case and applicable transitional provisions.

Difference between robbery, attempt and causing hurt

Illustrative example

If two persons jointly attempt to rob someone and one voluntarily causes bodily pain or injury to the victim in carrying out the attempt, Section 309(6) may apply to the person causing hurt and to another person jointly concerned, if the prosecution establishes the necessary facts. This is an illustration only; liability depends on the evidence.

Related provisions

For robbery or dacoity involving an attempt to cause death or grievous hurt, see BNS Section 311 (corresponding broadly to IPC Section 397). For an attempt to commit robbery or dacoity while armed with a deadly weapon, see BNS Section 312 (corresponding to IPC Section 398). Dacoity is dealt with in BNS Section 310.

Frequently asked questions

Is IPC Section 394 still applicable?

It may remain relevant to conduct that occurred before 1 July 2024, subject to saving and transitional rules. For later offences, the corresponding substantive provision is BNS Section 309(6).

Is causing hurt during robbery bailable?

No. BNS Section 309(6) is classified as non-bailable in the BNSS First Schedule. Non-bailable does not mean bail can never be granted.

Does the offence require a completed robbery?

No. The wording covers voluntarily causing hurt during either a completed robbery or an attempted robbery.

Official legal sources

• National Crime Records Bureau: Bharatiya Nyaya Sanhita, 2023 - statutory provisions
• Bharatiya Nyaya Sanhita, 2023 - full statutory text (High Court-hosted PDF)
• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, including First Schedule

This article is general legal information, not a substitute for advice based on the FIR, evidence and applicable law.