IPC 390 to BNS 309: Robbery
Section 390 IPC (1860) replaced by Section 309 BNS (2023)
IPC 390 to BNS 309 at a Glance
Section 390 IPC (Robbery) is now Section 309 BNS, in force from 1 July 2024. Only the section number changed.
What Changed From IPC 390 to BNS 309?
Section 390 IPC corresponds to sub-sections 1 to 3 of Section 309 BNS. The definition of robbery and its illustrations are carried over without change.
IPC 390 vs BNS 309: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 390 | 309 |
| Offence | Robbery | Same |
| Punishment | None. Section 390 IPC defines robbery and prescribes no penalty of its own. Robbery is punished under Section 392 IPC, or under Section 393 and Section 394 IPC for attempt or voluntarily causing hurt. | Rigorous imprisonment for a term which may extend to ten years under Section 309(4) BNS, or up to fourteen years if committed on the highway between sunset and sunrise. Attempt to commit robbery carries rigorous imprisonment up to seven years under Section 309(5) BNS, and voluntarily causing hurt in committing or attempting robbery carries imprisonment for life or rigorous imprisonment up to ten years under Section 309(6) BNS. |
| Fine | None under Section 390 IPC. Liability to fine is provided in the punishing sections, beginning with Section 392 IPC. | The offender is also liable to fine under sub-sections (4), (5), and (6) of Section 309 BNS. |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 390 and BNS 309: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 390, IPC 1860
390. Robbery.—In all robbery there is either theft or extortion.
When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery.—Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z's purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child.
BNS 2023 (in force)
Section 309, BNS 2023
(1) In all robbery there is either theft or extortion. (2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. (3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations. (a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
Ingredients: IPC 390 vs BNS 309
Under IPC 390
- For theft to become robbery: theft is committed or attempted, or the offender carries away or attempts to carry away property obtained by the theft
- For that end, the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint
- For extortion to become robbery: the offender is in the presence of the person put in fear
- The offender commits extortion by putting that person in fear of instant death, instant hurt, or instant wrongful restraint, inducing immediate delivery then and there
Under BNS 309
- Theft becoming robbery when the offender for that end voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint
- Extortion becoming robbery when the offender is in the presence of the person put in fear, puts that person in fear of instant death, instant hurt, or instant wrongful restraint, and so induces that person then and there to deliver up the thing extorted, under Section 309 BNS
What IPC 390 to BNS 309 Means for Pending Cases
For Section 390 IPC (now Section 309 BNS): under Section 309 BNS, the definition of robbery in sub-sections 1 to 3 remains unchanged in substance. A charge for an act done after the BNS came into force cites the punishing provisions of Section 309 BNS and applies the same definition of robbery.
FAQs: IPC 390 to BNS 309
What changed from Section 390 IPC to Section 309 BNS?▼
The legal definition of robbery is unchanged in substance. Sub-sections 1 to 3 of Section 309 BNS retain the provisions defining when theft or extortion becomes robbery, and the illustrations are carried over without change.
Where does Section 390 IPC sit in the Bharatiya Nyaya Sanhita?▼
Section 390 IPC sits in sub-sections 1 to 3 of Section 309 BNS, in Chapter XVII, Of Offences Against Property.
Does Section 390 IPC or Section 309 BNS apply to an act done before 1 July 2024?▼
Section 390 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 390 IPC. Section 309 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·