Introduction of 309 BNS
309 BNS defines robbery as an aggravated form of theft or extortion where violence, threats, or fear of instant harm are used to unlawfully obtain property. Unlike ordinary theft, robbery directly endangers the victim’s safety by causing or threatening immediate death, hurt, or wrongful restraint. This section also includes attempts to commit robbery and specifies stricter punishments when robbery is committed on highways at night or when physical harm is caused during the crime. With severe penalties, including rigorous imprisonment and even life imprisonment in aggravated cases, Section 309 aims to deter violent crimes against both people and property.
The Bharatiya Nyaya Sanhita (BNS) Section 309(1),309(2),309(3) replaces the old Indian Penal Code (IPC) Section 390.
The Bharatiya Nyaya Sanhita (BNS) Section 309(4),309(5),309(6) replaces the old Indian Penal Code (IPC) Section 392,393,394.
What is BNS Section 309 ?
BNS Section 309 defines robbery as an aggravated form of theft or extortion. Theft becomes robbery when force, fear of instant death, hurt, or wrongful restraint is used. Similarly, extortion becomes robbery when the offender, in the presence of the victim, induces fear of immediate death, hurt, or wrongful restraint to extort property.
Under Section 309 of the bns act 2023
“Whoever commits theft or extortion, and at the time of committing it, or while attempting to commit it, or in carrying away the property obtained, voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or puts or attempts to put any person in fear of instant death, hurt, or wrongful restraint, is said to commit robbery. Whoever commits robbery shall be punished with rigorous imprisonment, and in aggravated cases, with imprisonment for life.”
1. Meaning of Robbery
- Robbery is theft or extortion + violence/fear.
- Theft becomes robbery if the offender causes hurt, attempts to cause death, or restrains the victim.
- Extortion becomes robbery if the offender is present with the victim and creates immediate fear of death, hurt, or restraint.
- Robbery is a violent property crime affecting both ownership rights and personal safety.
2. Who is Covered?
- Thieves using violence – Example: Stealing with a weapon in hand.
- Extortionists with immediate threats – Forcing valuables by threatening instant harm.
- Accomplices in robbery – Persons helping to restrain, hurt, or threaten the victim.
- Highway robbers – Special category where robbery at night on highways is punished more severely.
- Groups/gangs – If multiple offenders act together to rob, all are covered under this section.
3. Nature of the Offense
- Cognizable → Police can arrest without warrant.
- Non-Bailable → Bail is not a matter of right; granted only by court discretion.
- Non-Compoundable → Cannot be settled privately between victim and offender.
- Triable By → Magistrate of the First Class.
4. Examples of BNS Section 309
- Example 1 – Theft with Violence
A snatches B’s gold chain and injures B while escaping. → Robbery. - Example 2 – Threat of Instant Harm
C points a gun at D and says, “Give me your wallet or I’ll shoot.” → Robbery. - Example 3 – Highway Robbery at Night
E and F stop a car on a highway after sunset, threaten the driver, and steal valuables. → Highway robbery (punishable with higher imprisonment). - Example 4 – Extortion in Presence
G threatens H in person with immediate harm to his child unless H hands over ₹1,00,000. → Extortion becomes robbery.
5. Punishment under BNS Section 309
- General Robbery → Rigorous imprisonment up to 10 years + fine.
- Robbery on Highways (sunset to sunrise) → Rigorous imprisonment up to 14 years + fine.
- Attempt to Commit Robbery → Rigorous imprisonment up to 7 years + fine.
- Robbery Causing Hurt → Life imprisonment or rigorous imprisonment up to 10 years + fine.
Courts may impose both imprisonment and fine depending on severity.
6. Importance of BNS Section 309
- Protects people from violent property crimes.
- Clearly distinguishes robbery from theft and extortion by adding fear or violence.
- Ensures stricter punishment for highway robberies and cases causing hurt.
- Promotes public safety by classifying robbery as cognizable & non-bailable.
- Acts as a deterrent against violent offenders and organized gangs.
Section 309 BNS Overview
BNS Section 309 defines robbery as an aggravated form of theft or extortion. It occurs when force, threats, or fear of immediate harm are used to commit theft or extortion. Robbery involves putting the victim in fear of instant death, hurt, or wrongful restraint to unlawfully take property. It also applies if harm is caused during or after the act. The section provides severe punishments based on the gravity of the offense, including life imprisonment in certain cases.
Detailed Explanation of 10 Key Points of BNS Section 309
1. Robbery Involves Theft or Extortion
Robbery is not a completely separate act but an advanced or aggravated form of theft or extortion. Theft means taking someone else’s property without their consent, while extortion means forcing someone to hand over property by creating fear. Robbery happens when either theft or extortion is carried out with added elements of violence, threats, or fear of immediate harm. For example, if a thief simply steals a bag without being noticed, that is theft. But if the same thief uses a weapon to scare the victim into handing over the bag, it becomes robbery. This makes robbery far more dangerous because it affects both the property and the personal safety of the victim.
2. Use of Force or Fear in Robbery
The most important feature of robbery is the use of force or fear. The offender either physically harms the victim or creates a strong fear of instant danger such as death, injury, or wrongful restraint. The victim is made to feel that if they do not obey, they will immediately suffer harm. For example, showing a knife, gun, or even threatening to beat someone is enough to create fear. Even if no physical harm occurs, the threat alone can convert theft or extortion into robbery. This provision ensures that society is protected not just from theft but also from violent intimidation.
3. Presence of the Offender During the Crime
For an act to be considered robbery, the offender must be physically present at the scene. Their presence creates immediate danger and increases the fear felt by the victim. For example, if a person points a gun at another and demands money, the physical presence and direct threat make it robbery. This is different from crimes like fraud or cyber theft, where the offender may not be physically near the victim. The closeness of the offender during robbery highlights the seriousness of the crime because it directly threatens the victim’s safety in real time.
4. Punishment for Robbery
The punishment for robbery under BNS Section 309 is strict because it is considered a violent and dangerous crime. Normally, the punishment can go up to 10 years of rigorous imprisonment along with a fine. If robbery is committed on highways at night, the punishment can extend up to 14 years. Attempting robbery, even if not completed, carries up to 7 years of imprisonment. In the most serious cases, such as when physical harm is caused, the punishment may even extend to life imprisonment. These strong punishments are meant to discourage people from engaging in robbery and to protect the safety of citizens.
5. Hurt Caused During Robbery
If physical harm is caused to the victim during the act of robbery, the seriousness of the crime increases. In such cases, the law allows for life imprisonment or rigorous imprisonment of up to 10 years along with a fine. This is because robbery is not only about taking property but also about endangering the life and health of the victim. For example, if a robber beats up a person while snatching their phone, the law will treat it more seriously than simple robbery without hurt. This ensures that victims get justice for both their financial loss and their physical suffering.
6. Attempting Robbery is Also Punishable
The law under Section 309 makes it clear that even an unsuccessful attempt at robbery is punishable. The punishment for attempting robbery can be up to 7 years of rigorous imprisonment and a fine. This means that even if the offender fails to take property but still uses force, threat, or violence, they will be treated as a criminal. The reason behind this is that the victim still suffers fear, stress, and sometimes physical harm even during the attempt. This provision prevents criminals from escaping punishment simply because their robbery plan did not succeed.
7. Robbery on Highways at Night
Robbery on highways, especially during night hours, is treated more seriously by law. The punishment can extend up to 14 years of rigorous imprisonment. This is because highways at night are isolated places where victims are more vulnerable. For example, travelers, truck drivers, or motorists can be easily targeted because help may not be available nearby. The law recognizes this added risk and therefore imposes stricter penalties. This provision helps in protecting public spaces like highways and ensures that people feel safe while traveling during the night.
8. Classification as a Cognizable and Non-Bailable Offense
Robbery is classified as a cognizable and non-bailable offense. Cognizable means that the police can arrest the accused without needing prior approval from a magistrate. Non-bailable means that the accused cannot easily get bail and it is granted only under the strict discretion of the court. These classifications reflect how seriously the law treats robbery. Since robbery involves immediate danger to life and property, the law allows quick police action and makes bail difficult to prevent offenders from misusing legal loopholes. This ensures strong protection for victims and society.
9. Role of Magistrates in Robbery Cases
Cases of robbery are tried by a magistrate of the first class. This is because robbery involves complex evidence such as witness statements, weapons used, and proof of threats or harm. A magistrate carefully examines all facts to ensure that the right judgment is made. Since the punishments can be very severe, ranging from long jail terms to life imprisonment, it requires experienced judicial handling. Magistrates play a critical role in maintaining public trust by ensuring that guilty offenders are punished and innocent people are not wrongly convicted.
10. Significance of BNS Section 309
BNS Section 309 is very important for protecting people against violent property crimes. It ensures that individuals are safeguarded not only from losing property but also from being harmed physically or psychologically. The section emphasizes strict punishments to deter criminals and maintain public order. It also balances the need for justice for victims by holding offenders accountable. By classifying robbery as a serious, non-bailable crime, the law makes sure that society remains safe. In short, this section is a key tool in maintaining law and order and protecting citizens’ rights.
Examples of Robbery under BNS Section 309
- Threat with Weapon
A is walking on the road when B approaches, shows a knife, and demands A’s wallet. Out of fear of being stabbed, A gives the wallet to B. This is robbery because property was taken using fear of instant harm. - Child Threat Example
C kidnaps D’s child and threatens to harm the child unless D hands over money. D immediately gives the money to protect the child. This is robbery because the property was taken by creating fear of instant harm to someone dear to the victim.
BNS 309 Punishment
- Robbery
- Rigorous imprisonment up to 10 years, extendable to 14 years if committed on a highway at night, plus a fine.
- Attempt to Commit Robbery
- Rigorous imprisonment up to 7 years and a fine.
- Causing Hurt During Robbery
- Life imprisonment or rigorous imprisonment up to 10 years, plus a fine.
BNS 309 bailable or not ?
- Robbery (General): Non-bailable.
- Attempt to Commit Robbery: Non-bailable.
- Causing Hurt During Robbery: Non-bailable.
Bharatiya Nyaya Sanhita Section 309
| BNS Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| 309 | Robbery — theft or extortion committed with immediate use or threat of violence (death, grievous hurt, wrongful restraint); includes robbery at night on highways and robbery causing hurt. | Rigorous imprisonment up to 10 years and fine. If committed on highways between sunset and sunrise, imprisonment may extend to 14 years. | Non-Bailable | Cognizable | Magistrate of the First Class |
| 309(5) | Attempt to commit robbery. | Rigorous imprisonment up to 7 years and fine. | Non-Bailable | Cognizable | Magistrate of the First Class |
| 309(6) | Robbery causing hurt (or robbery in which hurt is caused). | Life imprisonment or rigorous imprisonment up to 10 years, and fine. | Non-Bailable | Cognizable | Magistrate of the First Class |
| Note: This summary is written in plain language for blog use. For formal legal citation or court practice, refer to the official BNS text and relevant case law. | |||||
| Section | Offence (Short) | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 309 | Robbery — theft or extortion carried out with immediate use or threat of violence (death, grievous hurt, or wrongful restraint); includes attempt, robbery at night on highways, and robbery causing hurt. | Generally: rigorous imprisonment up to 10 years and fine; on highway at night up to 14 years; attempt up to 7 years; robbery causing hurt up to life imprisonment or up to 10 years and fine. | Non-Bailable | Cognizable | Magistrate of the First Class |
| IPC Sections 390–394 (Old) | IPC 390 — Robbery (older formulation of theft/extortion with violence); IPC 392 — Robbery (punishment for robbery); IPC 393 — Dacoity by five or more persons (related aggravated offences); IPC 394 — Voluntarily causing hurt in committing robbery (aggravated harm). | Older IPC penalties varied by clause but broadly mirror modern gradations: imprisonment up to 10 years (or more in aggravated cases) and fines; higher sentences for nighttime highway robberies and where hurt is caused. | Non-Bailable (serious/aggravated forms) | Cognizable (serious robbery/dacoity matters) | Magistrate of the First Class / Sessions (depending on gravity) |
| Note: . | |||||
BNS Section 309 FAQs
What is robbery under BNS Section 309?
Robbery is theft or extortion that involves violence, threats, or fear of instant harm to compel a victim to hand over property.
When does theft become robbery?
Theft becomes robbery when the offender uses force, causes fear of instant harm, or wrongfully restrains the victim to carry out the theft.
When does extortion qualify as robbery?
Extortion becomes robbery when the offender is in the victim’s presence and uses fear of immediate harm to obtain valuables.
What is the punishment for robbery committed at night on a highway?
Robbery on a highway between sunset and sunrise carries a punishment of up to 14 years rigorous imprisonment and a fine.
Is robbery a bailable offense?
No, robbery and its related offenses are non-bailable due to their severity.
What happens if hurt is caused during robbery?
The offender and accomplices face life imprisonment or up to 10 years rigorous imprisonment, plus a fine.
Conclusion
BNS Section 309 plays a vital role in addressing one of the most serious property-related crimes—robbery. By treating theft or extortion combined with violence as a grave offense, it ensures both property and personal safety are protected. The section provides clear guidelines on when theft or extortion becomes robbery and prescribes strict punishments, including life imprisonment in cases involving hurt or danger to life. Its classification as a cognizable and non-bailable offense highlights the seriousness with which the law views robbery. Overall, Section 309 serves as a strong deterrent and reinforces public safety by protecting individuals from violent and forceful crimes.
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