IPC 393→BNS 309(5)

IPC 393 to BNS 309(5): Attempt to commit robbery

Section 393 IPC (1860) replaced by Section 309(5) BNS (2023)

View IPC Section 393 →View BNS Section 309(5) →

IPC 393 to BNS 309(5) at a Glance

Section 393 IPC (Attempt to commit robbery) is now Section 309(5) 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 393 to BNS 309(5)?

Section 393 IPC corresponds to Section 309(5) BNS. The definition of the attempt, the maximum term of rigorous imprisonment of up to seven years, and the liability to fine remain unchanged in substance.

IPC 393 vs BNS 309(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section393309(5)
OffenceAttempt to commit robberySame
PunishmentRigorous imprisonment for a term which may extend to seven years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 393 and BNS 309(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 393, IPC 1860

393. Attempt to commit robbery.—Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
BNS 2023 (in force)

Section 309(5), BNS 2023

(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Ingredients: IPC 393 vs BNS 309(5)

Under IPC 393
  1. The intention to commit robbery as defined in Section 390 IPC
  2. An overt act done towards the commission of robbery that goes beyond mere preparation
  3. The act attempted involved causing or attempting to cause death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint, for the purpose of taking property
Under BNS 309(5)
  1. Attempting to commit robbery as defined under the Code
  2. Punishment with rigorous imprisonment extending to seven years and liability to fine under Section 309(5) BNS

What IPC 393 to BNS 309(5) Means for Pending Cases

For Section 393 IPC (now Section 309(5) BNS): under Section 309(5) BNS, the offence and punishment for attempted robbery remain unchanged. Any formal charge for an attempt committed after the BNS took effect cites Section 309(5) BNS and applies the same legal standards as Section 393 IPC.

FAQs: IPC 393 to BNS 309(5)

What changed from Section 393 IPC to Section 309(5) BNS?▼

The legal substance remains unchanged. Section 309(5) BNS reenacts Section 393 IPC word for word, maintaining rigorous imprisonment for up to seven years and liability to fine for an attempt to commit robbery.

Where does Section 393 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 393 IPC is located at Section 309(5) BNS, within Chapter XVII, Of Offences Against Property.

Does Section 393 IPC or Section 309(5) BNS apply to an act done before 1 July 2024?▼

Section 393 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 393 IPC. Section 309(5) 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 ·