IPC 392→BNS 309(4)

IPC 392 to BNS 309(4): Punishment for robbery

Section 392 IPC (1860) replaced by Section 309(4) BNS (2023)

View IPC Section 392 →View BNS Section 309(4) →

IPC 392 to BNS 309(4) at a Glance

Section 392 IPC (Punishment for robbery) is now Section 309(4) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 392 to BNS 309(4)?

Section 392 IPC corresponds to Section 309(4) BNS. The definition of robbery and the punishing limbs, including the aggravated penalty of up to fourteen years for highway robbery committed between sunset and sunrise, remain unchanged in substance.

IPC 392 vs BNS 309(4): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section392309(4)
OffencePunishment for robberySame
PunishmentRigorous imprisonment for a term which may extend to ten years, or up to fourteen years if committed on the highway between sunset and sunrise.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 392 and BNS 309(4): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 392, IPC 1860

392. Punishment for robbery.—Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
BNS 2023 (in force)

Section 309(4), BNS 2023

(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

Ingredients: IPC 392 vs BNS 309(4)

Under IPC 392
  1. The commission of theft or extortion as defined under the Code
  2. In the case of theft, the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint, in order to commit the theft, while committing it, or while carrying away stolen property
  3. In the case of extortion, the offender is in the presence of the person put in fear, commits the extortion by putting that person in fear of instant death, instant hurt, or instant wrongful restraint, and thereby induces that person then and there to deliver up the thing extorted
  4. For the aggravated punishment, the robbery is committed on the highway between sunset and sunrise
Under BNS 309(4)
  1. Commission of robbery punishable with rigorous imprisonment extending to ten years and liability to fine under Section 309(4) BNS
  2. Commission of robbery on the highway between sunset and sunrise punishable with rigorous imprisonment extending to fourteen years and liability to fine under Section 309(4) BNS

What IPC 392 to BNS 309(4) Means for Pending Cases

For Section 392 IPC (now Section 309(4) BNS): under Section 309(4) BNS, the punishment for robbery and the aggravated penalty for highway robbery at night remain unchanged. A charge for an offence committed after the BNS took effect cites Section 309(4) BNS while maintaining the same statutory elements.

FAQs: IPC 392 to BNS 309(4)

What changed from Section 392 IPC to Section 309(4) BNS?▼

The substantive law remains identical. Section 309(4) BNS reenacts Section 392 IPC without change, maintaining rigorous imprisonment for up to ten years for robbery and up to fourteen years for highway robbery at night, with liability to fine.

Where does Section 392 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 392 IPC is located at Section 309(4) BNS, under Chapter XVII, Of Offences Against Property.

Does Section 392 IPC or Section 309(4) BNS apply to an act done before 1 July 2024?▼

Section 392 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 392 IPC. Section 309(4) 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 ·