Bharatiya Nyaya Sanhita, 2023
Section 309 BNS: Robbery - Meaning, Punishment, Bail and Illustrations
Section 309 of the Bharatiya Nyaya Sanhita, 2023 explains when theft or extortion becomes robbery and prescribes punishment for robbery, attempt to commit robbery, and robbery or attempted robbery in which hurt is voluntarily caused.
Section 309(1) BNS - Meaning of Robbery
Section 309(1): In all robbery there is either theft or extortion.
Robbery is therefore not an entirely separate starting point. It is an aggravated form of either theft or extortion when the additional conditions laid down in Section 309(2) or Section 309(3) are satisfied.
When Theft Becomes Robbery - Section 309(2)
Theft becomes robbery when, for the purpose of committing the theft, while committing it, or while carrying away or attempting to carry away property obtained by the theft, the offender voluntarily causes or attempts to cause any person:
- death;
- hurt;
- wrongful restraint;
- fear of instant death;
- fear of instant hurt; or
- fear of instant wrongful restraint.
The violence, attempted violence, restraint or fear must be connected with the theft or with carrying away the stolen property.
When Extortion Becomes Robbery - Section 309(3)
Extortion becomes robbery when the offender is in the presence of the person put in fear and commits the extortion by putting that person in fear of instant death, instant hurt or instant wrongful restraint to that person or another, thereby inducing the person then and there to deliver the thing extorted.
Meaning of presence
The statutory explanation says the offender is present if sufficiently near to put the other person in fear of instant death, instant hurt or instant wrongful restraint.
The expressions "instant" and "then and there" are important. They distinguish robbery by extortion from extortion involving a threat of future harm.
Illustrations Given in Section 309
Illustration (a) - Theft with wrongful restraint
A holds Z down and takes money and jewels from Z's clothes without consent. Because A voluntarily causes wrongful restraint in order to commit the theft, the illustration treats the conduct as robbery.
Illustration (b) - Pistol shown on a highway
A meets Z on the highway, shows a pistol and demands Z's purse. Z surrenders the purse because of fear of instant hurt while A is present. The illustration treats this as robbery by extortion.
Illustration (c) - Threat of instant hurt to a child
A takes Z's child and threatens to throw the child down a precipice unless Z delivers a purse. Z delivers it because of fear of instant hurt to the child who is present. The illustration treats this as robbery.
Illustration (d) - Future threat is extortion, not necessarily robbery
A obtains property from Z by saying that Z's child is in the hands of A's gang and will be killed unless money is sent. The illustration treats this as extortion, but not robbery unless Z is put in fear of the child's instant death.
Punishment Under Section 309(4), 309(5) and 309(6)
| Provision | Offence | Punishment |
|---|---|---|
| 309(4) | Committing robbery | Rigorous imprisonment up to ten years and fine |
| 309(4) | Robbery on a highway between sunset and sunrise | Imprisonment may extend to fourteen years |
| 309(5) | Attempt to commit robbery | Rigorous imprisonment up to seven years and fine |
| 309(6) | Voluntarily causing hurt while committing or attempting robbery | Imprisonment for life, or rigorous imprisonment up to ten years, and fine |
Under Section 309(6), the enhanced liability extends not only to the person who voluntarily causes hurt but also to another person jointly concerned in committing or attempting the robbery.
BNSS Classification: Cognizable, Bail and Trial Court
| Provision | Cognizable | Bail | Trial Court |
|---|---|---|---|
| 309(4) | Cognizable | Non-bailable | Magistrate of the first class |
| 309(5) | Cognizable | Non-bailable | Magistrate of the first class |
| 309(6) | Cognizable | Non-bailable | Magistrate of the first class |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies each of the punishable Section 309 entries as cognizable and non-bailable and makes them triable by a Magistrate of the first class.
Difference Between Theft, Extortion and Robbery
Theft
Section 303 BNS contains the general offence of theft. Theft becomes robbery only when the additional violence, restraint or fear requirements of Section 309(2) are satisfied.
Extortion
Section 308 BNS defines extortion. Extortion becomes robbery only when the offender is present, creates fear of instant death, instant hurt or instant wrongful restraint, and induces delivery then and there.
Robbery
Robbery is therefore an aggravated form of theft or extortion involving immediate or attempted violence, restraint, or specified fear as laid down in Section 309.
Highway Robbery Between Sunset and Sunrise
Section 309(4) contains an enhanced punishment where robbery is committed on a highway between sunset and sunrise. In such a case, the imprisonment may extend to fourteen years.
Official Legal Sources
For authoritative statutory wording, procedural classification and commencement information, consult India Code and the Ministry of Home Affairs resources listed in the right sidebar. The official Act, First Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is robbery under Section 309 BNS?
Robbery is an aggravated form of theft or extortion. Theft becomes robbery when specified violence, restraint or fear is used or attempted for the theft or carrying away of stolen property. Extortion becomes robbery when the offender is present and causes fear of instant death, hurt or wrongful restraint, inducing immediate delivery.
What is the punishment for robbery?
Ordinary robbery under Section 309(4) is punishable with rigorous imprisonment up to ten years and fine. Highway robbery between sunset and sunrise may attract imprisonment up to fourteen years.
Is Section 309 BNS bailable?
No. The punishable offences listed under Sections 309(4), 309(5) and 309(6) are non-bailable.
Is Section 309 BNS cognizable?
Yes. The punishable Section 309 offences are cognizable.
Which court can try a Section 309 offence?
The BNSS First Schedule lists Sections 309(4), 309(5) and 309(6) as triable by a Magistrate of the first class.
When does extortion become robbery?
Extortion becomes robbery when the offender is present, puts the victim in fear of instant death, instant hurt or instant wrongful restraint, and thereby induces the victim then and there to deliver the thing extorted.
This page provides general legal information. Application of Section 309 depends on the facts, evidence and law applicable to the individual case.