BNS 309

---

Introduction of 309 BNS

309 BNS deals with the crime of robbery, which involves theft or extortion with additional elements of violence or fear. The section defines robbery comprehensively, including the conditions that elevate theft or extortion to robbery. It highlights the severity of using threats or harm to obtain property unlawfully. The section also specifies stricter penalties for committing robbery under aggravated circumstances, such as on highways during the night.

---

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.

---

---

BNS 309 in Simple Points

1. Robbery Involves Theft or Extortion
   • Robbery is defined as theft or extortion combined with violence, threats, or fear.
   • In theft, it becomes robbery if the offender causes or attempts to cause death, hurt, or wrongful restraint.
   • In extortion, it becomes robbery when the offender uses immediate threats in the victim’s presence to extort property.
2. Presence and Fear in Robbery
   • The offender is considered present if they are close enough to instill fear of immediate harm.
   • Fear must be sufficient to compel the victim to hand over valuables or property.
   • This presence and fear elevate extortion to the category of robbery.
3. Illustrations of Robbery
   • Holding someone down and taking valuables by force constitutes robbery.
   • Using a weapon to threaten and extort property is another clear example.
   • Threatening immediate harm to a person or their loved ones also qualifies as robbery.
4. Punishment for Robbery
   • Robbery generally carries a penalty of rigorous imprisonment up to 10 years and a fine.
   • If committed on a highway between sunset and sunrise, the imprisonment can extend to 14 years.
   • Attempting robbery is punishable by up to 7 years rigorous imprisonment and a fine.
5. Enhanced Punishment for Causing Hurt
   • If hurt is caused during or while attempting robbery, the punishment includes life imprisonment or up to 10 years rigorous imprisonment and a fine.
   • This applies to both the person causing the harm and any accomplices involved in the act.

---

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.

1. Robbery Involves Theft or Extortion

• Robbery always includes theft or extortion as a base act.
• Theft becomes robbery when the offender uses force or creates fear of harm to steal property.
• Extortion becomes robbery when the offender intimidates the victim into handing over property.
• The difference is that robbery adds an element of immediate danger or violence.
• This makes robbery more dangerous and severe than theft or extortion alone.
• Robbery impacts not only property but also personal safety and peace of mind.
• The offender’s actions must directly affect the victim at the time of the crime.
• The combination of theft/extortion with violence defines robbery.

2. Use of Force or Fear in Robbery

• Robbery involves the intentional use of physical force or threats.
• This can include fear of instant death, hurt, or wrongful restraint.
• The fear created must be immediate, making the victim comply out of desperation.
• Offenders often use weapons, physical attacks, or verbal threats to intimidate victims.
• The victim’s fear or harm caused is a critical factor in defining robbery.
• Even an attempt to create such fear can qualify as robbery.
• The law addresses this to protect people from violent crimes.
• This ensures public safety and discourages offenders.

3. Presence of the Offender During the Crime

• The offender must be physically present to commit robbery.
• Their presence increases the victim’s vulnerability to threats or harm.
• This presence could mean being close enough to create fear of immediate harm.
• For instance, pointing a gun at a victim during theft makes it robbery.
• The offender’s proximity ensures the victim feels directly endangered.
• This physical closeness distinguishes robbery from other remote crimes.
• It reflects the seriousness of such direct, violent acts.
• Robbery directly targets both property and personal safety.

4. Punishment for Robbery

• Robbery is punishable by rigorous imprisonment of up to 10 years and a fine.
• If committed on highways between sunset and sunrise, imprisonment can extend to 14 years.
• The severity of punishment reflects the seriousness of the crime.
• Attempting robbery also carries a rigorous imprisonment term of up to 7 years.
• This discourages offenders from even trying to commit robbery.
• Causing harm during robbery can lead to life imprisonment or 10 years in jail.
• Such strict penalties aim to protect citizens and deter violent crimes.
• The law ensures justice for victims and discourages offenders.

5. Hurt Caused During Robbery

• Causing physical harm during robbery increases the severity of the crime.
• If the offender or accomplices cause hurt, the punishment can be life imprisonment.
• Alternatively, rigorous imprisonment of up to 10 years may be imposed.
• This provision holds offenders accountable for both property loss and bodily harm.
• The victim’s safety is prioritized in these legal provisions.
• It deters criminals from resorting to violence during robbery.
• This ensures a fair balance between punishment and crime severity.
• Victims receive justice for their physical and psychological trauma.

6. Attempting Robbery is Also Punishable

• Even if robbery is not completed, attempting it is a crime under BNS 309.
• The punishment for an attempt includes rigorous imprisonment of up to 7 years.
• The offender is also liable to pay a fine for their actions.
• This provision ensures that even unfulfilled intentions of robbery are penalized.
• It acknowledges the harm caused by an attempt to commit a violent crime.
• Victims of such attempts still face fear, distress, or minor harm.
• This discourages criminals from planning or attempting such offenses.
• The law takes preventive measures to safeguard society.

7. Robbery on Highways at Night

• Robbery committed on highways between sunset and sunrise attracts stricter penalties.
• Offenders can face up to 14 years of rigorous imprisonment in such cases.
• This acknowledges the heightened vulnerability of victims at night.
• Highways, especially at night, provide an isolated setting for crimes.
• The law imposes harsher penalties to discourage robberies during these times.
• It ensures that public spaces remain safe and secure for travelers.
• Victims are assured of strict legal action against offenders.
• This creates a safer environment for the public.

8. Classification as a Cognizable and Non-Bailable Offense

• Robbery is a cognizable offense, meaning police can arrest without prior approval.
• It is also non-bailable, meaning bail is granted only under strict judicial discretion.
• These classifications reflect the serious nature of the crime.
• The immediate danger posed by robbery justifies these legal measures.
• The law ensures swift action against offenders to prevent escape or further harm.
• Strict bail conditions prevent misuse of legal provisions by criminals.
• This protects the victims and ensures justice is delivered.
• These measures reinforce the legal system’s commitment to public safety.

9. Role of Magistrates in Robbery Cases

• Robbery cases are tried by a magistrate of the first class.
• Such cases require experienced judicial handling due to their complexity.
• Magistrates assess evidence, witness accounts, and legal arguments thoroughly.
• They ensure that justice is served for both victims and society.
• The severity of penalties makes careful legal examination crucial.
• Magistrates play a vital role in maintaining public trust in the legal system.
• Their expertise ensures that offenders face appropriate consequences.
• This reflects the importance of robbery cases in the judicial framework.

10. Significance of BNS Section 309

• BNS Section 309 safeguards individuals against violent property crimes.
• It protects victims from harm, fear, and loss of property.
• The section emphasizes severe penalties to deter offenders.
• It addresses both the physical and psychological impact on victims.
• The law balances strict measures with justice for affected individuals.
• Public safety is a primary focus of this provision.
• It ensures societal peace by penalizing dangerous crimes like robbery.
• BNS Section 309 is vital for upholding law and order.

2 Examples of Robbery under BNS Section 309

1. Threat with Weapon
   A meets Z on the road, shows a knife, and demands Z’s wallet. Z hands over the wallet out of fear of being harmed. This is robbery as A used fear of instant harm to extort property.
2. Child Threat Example
   A takes Z’s child and threatens to harm the child unless Z gives A money. Z hands over the money to protect the child. This is robbery as A caused fear of instant harm to extort money.

---

BNS 309 Punishment

1. Robbery
   • Rigorous imprisonment up to 10 years, extendable to 14 years if committed on a highway at night, plus a fine.
2. Attempt to Commit Robbery
   • Rigorous imprisonment up to 7 years and a fine.
3. 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	Rigorous imprisonment up to 10 years and fine. If committed on highways between sunset and sunrise, imprisonment can 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	Life imprisonment or rigorous imprisonment up to 10 years and fine.	Non-Bailable	Cognizable	Magistrate of the First Class

---

BNS Section 309 FAQs

---

If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.

---