Section 309 BNS: Robbery

Bharatiya Nyaya Sanhita, 2023

Section 309 BNS at a Glance

Section 309 BNS deals with robbery. It replaced Sections 390, 394, 392 and 393 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 390 →

Section 309 BNS Bare Act Text

(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.

(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.

(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.

(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 309, Bharatiya Nyaya Sanhita, 2023

Section 309 BNS in the IPC (Previous Law)

Section 309 BNS replaced Sections 390, 394, 392 and 393 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 309 BNS

Under Section 309 BNS, what is the difference between theft and robbery?▼

Theft is taking property dishonestly without consent. It becomes robbery when the offender uses force or puts the victim in immediate fear of death, hurt, or wrongful restraint to commit the theft or to escape with the property.

Under Section 309 BNS, can words alone amount to robbery?▼

Yes, if the words create immediate fear of death, hurt, or wrongful restraint and are used to compel delivery of property, the act may amount to robbery. The fear must be real and immediate, not vague or remote.

Under Section 309 BNS, is robbery a bailable offence in India?▼

No. Robbery is generally treated as a non-bailable offence because it involves violence or serious threat. Police can arrest and investigate it as a cognizable offence.

Under Section 309 BNS, does every person present at the scene become guilty?▼

Not automatically. Liability depends on participation, intention, and role. If several persons act together with common intention, each can be held responsible for the robbery.

What counts as robbery under Section 309(2) BNS?▼

Section 309(2) BNS explains when theft becomes robbery. Theft is robbery if, in order to commit the theft, while committing the theft, or while 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, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint.

Under Section 309(2) BNS, what has to be proved to make theft into robbery?▼

It must be shown that there was theft, and that for committing it, while committing it, or while carrying away or trying to carry away the stolen property, the offender voluntarily caused or attempted to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint. If that link to the theft or immediate violence or fear is missing, it remains theft and not robbery under Section 309(2) BNS.

What is the punishment for robbery under Section 309 BNS?▼

Section 309(2) BNS defines when theft becomes robbery and does not itself state a punishment. The punishment for robbery under Section 309(4) BNS is rigorous imprisonment for up to ten years, or up to fourteen years if committed on the highway between sunset and sunrise, and the offender shall also be liable to fine. Attempt to commit robbery is punishable under Section 309(5) BNS with rigorous imprisonment for up to seven years and liability to fine, and if hurt is voluntarily caused while committing or attempting robbery, Section 309(6) BNS provides imprisonment for life or rigorous imprisonment for up to ten years, and the offender shall also be liable to fine.

How is theft becoming robbery under Section 309(2) BNS different from extortion becoming robbery under Section 309(3) BNS?▼

Under Section 309(2) BNS, the underlying offence is theft, where the offender takes property without consent and uses or threatens instant violence or wrongful restraint to commit the theft or escape with the property. Under Section 309(3) BNS, the underlying offence is extortion, where the offender is present and puts someone in fear of instant death, instant hurt, or instant wrongful restraint so that the victim hands over the property then and there.

What counts as robbery under Section 309 of the Bharatiya Nyaya Sanhita?▼

Robbery under Section 309 BNS happens when theft or extortion is done with immediate violence or threat of immediate violence. Theft becomes robbery under Section 309(2) BNS if, for committing it or carrying away the stolen property, the offender causes or tries to cause death, hurt, wrongful restraint, or fear of instant death, hurt, or wrongful restraint. Extortion becomes robbery under Section 309(3) BNS if it is done in the presence of the person put in fear by putting that person in fear of instant death, instant hurt, or instant wrongful restraint to that person or some other person, and inducing the person to hand over the property then and there.

Under Section 309(3) BNS, what has to be proved for extortion to become robbery?▼

It must be shown that the offender was present with the person put in fear, or near enough to create fear of instant death, instant hurt, or instant wrongful restraint. It must also be shown that because of that immediate fear, the person delivered the thing then and there. If the threat is not of instant harm, it may be extortion but not robbery under Section 309 BNS.

What is the punishment for robbery under Section 309(4), (5) and (6) BNS?▼

Under Section 309(4) BNS, robbery is punishable with rigorous imprisonment for a term which may extend to ten years, or up to fourteen years if committed on the highway between sunset and sunrise, and the offender shall also be liable to fine. Under Section 309(5) BNS, attempting to commit robbery is punishable with rigorous imprisonment for up to seven years and liability to fine. Under Section 309(6) BNS, if hurt is voluntarily caused while committing or attempting robbery, the punishment is imprisonment for life or rigorous imprisonment for up to ten years, and the offender shall also be liable to fine.

Under Section 309(3) BNS, what should I do if I am accused of robbery or if I want to complain about robbery?▼

If you are accused, get legal advice quickly and keep any material that shows where you were, what happened, and whether there was any immediate threat or force. If you want to complain, write down the exact words used, whether the person was present, what fear was caused, and when the property was taken or handed over. These facts matter because Section 309 BNS turns on immediate fear, presence, force, and delivery of property.

Is robbery under Section 309(4) BNS bailable?▼

No. It is a non-bailable offence. The accused must seek bail from the court, and the facts of the case matter a lot at that stage.

Under Section 309(4) BNS, how is robbery different from theft?▼

Theft is taking property dishonestly without consent. Robbery involves theft or extortion plus immediate force, fear, hurt, or wrongful restraint.

Can a case under Section 309(4) BNS be settled between the parties?▼

No, it is not compoundable. Even if the complainant wants to compromise, the court will still consider the offence as one against society.

What is the maximum punishment under Section 309(4) BNS?▼

The normal maximum is 10 years' rigorous imprisonment with fine. If the robbery is committed on the highway between sunset and sunrise, the punishment may go up to 14 years' rigorous imprisonment, and the offender is also liable to fine.

Under Section 309(5) BNS, is an attempt to rob punished even if nothing was stolen?▼

Yes. The offence is complete once there is a real attempt with the intention to commit robbery, even if no property is actually taken. The law does not wait for the robbery to succeed.

Under Section 309(5) BNS, what is the difference between preparation and attempt?▼

Preparation is getting ready to commit the offence. Attempt begins when the accused makes a direct move towards committing the robbery, such as threatening the victim or using force.

Is the offence under Section 309(5) BNS bailable under the BNS?▼

No, it is treated as non-bailable and cognizable. That means the police can register and investigate the case without a warrant, and bail is not a matter of right.

What is the punishment for attempting to commit robbery under Section 309(5) BNS?▼

Under Section 309(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, anyone who attempts to commit robbery is punishable with rigorous imprisonment for a term which may extend to seven years, and is also liable to fine.

What is the difference between robbery and the offence under Section 309(6) BNS?▼

Robbery becomes more serious when the offender voluntarily causes hurt while committing or attempting to commit it. The hurt can be simple or more serious, but it must be caused in connection with the robbery or attempted robbery. That added violence is what brings this provision into play.

Under Section 309(6) BNS, does the prosecution need to prove a weapon was used?▼

No, a weapon is not always necessary. What matters is that hurt was voluntarily caused during the robbery or attempted robbery. A weapon may strengthen the case, but the section can apply even without one.

Can all persons involved be charged under Section 309(6) BNS?▼

Yes, any other person jointly concerned in committing or attempting to commit the robbery is also liable under this sub-section. A person who actively participated in the robbery or attempt faces the same punishment even if another participant struck the blow.

What is the current BNS provision for the offence under Section 309(6) BNS?▼

This offence is governed by Section 309(6) of the Bharatiya Nyaya Sanhita (BNS), 2023. It punishes both the person who voluntarily causes hurt while committing or attempting robbery and any other person jointly concerned with imprisonment for life or rigorous imprisonment up to ten years, and liability to fine.

Section 309 BNS: Sub-sections Explained

Section 309(1) BNS: Robbery

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Bare Act Text

(1) In all robbery there is either theft or extortion.

Explained in Simple Words

Section 309 of the Bharatiya Nyaya Sanhita (BNS) defines robbery. It explains when theft or extortion becomes robbery because force, fear, or immediate threat is used. In simple terms, if property is taken by putting a person in fear of instant harm, or if force is used while committing theft or carrying away stolen property, the offence becomes robbery. This section applies to the person who actually uses force or causes fear, and also to others who act with the same common intention.

It matters because robbery is treated much more seriously than simple theft or extortion. The law recognises that the victim is not only losing property, but is also exposed to danger, intimidation, or violence. In practical terms, police and courts look closely at the timing of the force or threat, because the use of force must be linked to the taking of property or the attempt to take it.

Key Ingredients

  • 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

Punishment

🔒 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.

💰 The offender is also liable to fine under sub-sections (4), (5), and (6) of Section 309 BNS.

Sub-sections (1) to (3) of Section 309 BNS define when theft or extortion becomes robbery, and sub-sections (4) to (6) prescribe the punishment: rigorous imprisonment up to ten years (or up to fourteen years for highway robbery between sunset and sunrise) and fine for robbery, rigorous imprisonment up to seven years and fine for attempted robbery, and imprisonment for life or rigorous imprisonment up to ten years and fine where hurt is voluntarily caused.

Real-World Example

Outside the bus station in Nashik, Prakash and an associate approached Divya. Prakash grabbed Divya's arm and held her against a wall to prevent her from moving, while his associate took her wallet and phone from her handbag without her consent. Because wrongful restraint was voluntarily caused to Divya in order to commit the theft and carry away the property, the theft became robbery under Section 309 BNS.

When This Does Not Apply

  • Property is taken secretly without causing or attempting to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint
  • Force or restraint was caused for an independent purpose unconnected with committing theft or carrying away stolen property
  • In extortion, the threat was of future harm rather than instant death, instant hurt, or instant wrongful restraint
  • In extortion, the offender was not in the presence of the person put in fear or the delivery was not induced then and there

Previous Law

IPC 390 → Section 309(1) BNS

Section 390 IPC corresponds to sub-sections 1 to 3 of Section 309(1) BNS. The definition of robbery and its illustrations are carried over without change.

Section 309(2) BNS: Robbery

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Bare Act Text

(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.

Explained in Simple Words

Section 309(2) of the Bharatiya Nyaya Sanhita (BNS) defines when an act of theft becomes the more serious offence of robbery. It applies to any offender who commits theft and, for that purpose, uses or attempts to use violence or creates fear of immediate harm against any person.

Under this sub-section, theft becomes robbery if the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint. A key point for readers is the close link required between the violence or threat and the theft. The force or fear must be used in order to commit the theft, while committing the theft, or while carrying away or attempting to carry away the stolen property, and the person harmed or threatened need not be the owner of the property.

Because Section 309(2) BNS is a definition provision, it prescribes no punishment itself. The punishment for committing robbery is set out in Section 309(4) BNS, which provides rigorous imprisonment for up to ten years and liability to fine, or up to fourteen years if committed on a highway between sunset and sunrise.

Key Ingredients

  • There is theft of property
  • The offender voluntarily causes or attempts to cause to any person death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint
  • That force, attempt, or fear is used in order to commit the theft, while committing it, or while carrying away or attempting to carry away the stolen property
  • The violence, restraint, or fear of instant harm is caused for the end of committing the theft or carrying away the property obtained by the theft

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section defines when theft becomes robbery and prescribes no punishment itself, while robbery is punished under Section 309(4) BNS.

Real-World Example

As Lakshmi and Devendra were walking back from her shop near Pune Station at night, Karthik stepped in front of Lakshmi, held her down so she could not move, and snatched her gold chain and mobile phone from her bag without her consent while threatening to slash Devendra immediately if he intervened. This is robbery under Section 309(2) BNS because in order to commit the theft and carry away the stolen property, Karthik voluntarily caused wrongful restraint to Lakshmi and fear of instant hurt.

When This Does Not Apply

  • Property is taken secretly without causing or attempting to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint; that is theft, not robbery
  • Force, hurt, or wrongful restraint is caused in a separate quarrel and not in order to commit the theft, during the theft, or while carrying away or attempting to carry away the stolen property
  • Any threat made during the theft is of future harm rather than fear of instant death, instant hurt, or instant wrongful restraint
  • Property is delivered by the victim due to extortionate fear rather than taken by theft, which falls under Section 309(3) BNS instead of Section 309(2) BNS

Section 309(3) BNS: Robbery

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Bare Act Text

(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.

Explained in Simple Words

Section 309(3) of the Bharatiya Nyaya Sanhita (BNS) defines when the offence of extortion becomes robbery. It applies to any offender who commits extortion while present with the victim and uses immediate fear of severe harm to make the victim hand over property on the spot.

Under this sub-section, extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear and puts that person in fear of instant death, instant hurt, or instant wrongful restraint to that person or to some other person. By creating this immediate fear, the offender must induce the person to deliver up the extorted thing then and there. The Explanation clarifies that the offender counts as present if he is near enough to put the person in fear of instant death, instant hurt, or instant wrongful restraint, whereas a threat of non-instant harm remains ordinary extortion.

As a definition sub-section, Section 309(3) BNS prescribes no punishment itself. The punishment for robbery is governed by Section 309(4) BNS, which provides rigorous imprisonment for up to ten years, or up to fourteen years for highway robbery between sunset and sunrise, along with liability to fine.

Key Ingredients

  • There is extortion
  • The offender is in the presence of the person put in fear
  • The extortion is committed by putting that person in fear of instant death, instant hurt, or instant wrongful restraint
  • The fear may relate to that person or to some other person
  • By that fear, the person is induced then and there to deliver up the thing extorted

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section defines when extortion becomes robbery and prescribes no punishment itself, while robbery is punished under Section 309(4) BNS.

Real-World Example

Late at night on a lane near Ghanta Ghar, Jodhpur, Anil confronted Arjun and Naveen while they were walking home. Standing right in front of them, Anil tightly caught Arjun’s arm and threatened that he would immediately beat Arjun and stop both of them from leaving unless Naveen handed over his gold chain and cash. Afraid of instant hurt to Arjun and instant wrongful restraint to both, and with Anil present there itself, Naveen immediately gave the chain and money. This is robbery because the property was delivered at once due to fear of instant harm caused by Anil’s presence.

When This Does Not Apply

  • A person demands money by saying harm will happen later, not instant death, instant hurt, or instant wrongful restraint
  • Property is obtained by threat when the offender is not present or not sufficiently near to put the person in such instant fear
  • A person says a relative held elsewhere will be killed unless money is sent later; the text treats this as extortion, not robbery
  • Property is delivered later after a threat, and not then and there because of the immediate fear

Section 309(4) BNS: Punishment for robbery

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Bare Act Text

(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.

Explained in Simple Words

Section 309(4) of the Bharatiya Nyaya Sanhita (BNS) deals with the punishment for robbery. It does not define robbery by itself. For the definition, one has to read sub-sections (1) to (3) of Section 309 BNS.

This sub-section applies when a person has committed robbery, whether by causing or attempting to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint while committing theft, or by committing extortion in the victim's presence through fear of instant harm. In practical terms, this provision is used where property is taken by force or by putting the victim in immediate fear. The law treats robbery much more seriously than simple theft or extortion because violence or the threat of violence is involved.

A person convicted under this sub-section can face rigorous imprisonment up to 10 years and liability to fine, and if the robbery is committed on the highway between sunset and sunrise, the rigorous imprisonment may extend up to 14 years. This section matters in police cases, bail hearings, and trial strategy because the prosecution must prove the violent or threatening nature of the act, not just loss of property.

Key Ingredients

  • Commission of robbery punishable with rigorous imprisonment extending to ten years and liability to fine under Section 309(4) BNS
  • 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

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Rigorous imprisonment for a term which may extend to ten years, or up to fourteen years if committed on the highway between sunset and sunrise.

💰 The offender is also liable to fine.

Robbery carries rigorous imprisonment for up to ten years and liability to fine; if committed on the highway between sunset and sunrise, rigorous imprisonment extends up to fourteen years and liability to fine.

Real-World Example

Near an intersection in Mathura, Dinesh blocked an auto-rickshaw carrying Sunita, held a knife close to her neck, and demanded her handbag containing twenty thousand rupees. In fear of instant hurt, Sunita handed over the bag, and Dinesh fled. Dinesh committed robbery by inducing delivery of property through fear of instant hurt while in her presence. Dinesh is punishable under Section 309(4) BNS.

When This Does Not Apply

  • Property is taken without causing or attempting to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint, remaining simple theft under Section 303 BNS
  • Extortion is committed through threats of future harm rather than fear of instant death, instant hurt, or instant wrongful restraint
  • The accused took property under a genuine claim of right without dishonest intention
  • The incident on the highway did not involve the statutory elements of robbery defined in Section 309 BNS

Previous Law

IPC 392 → Section 309(4) BNS

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.

Section 309(5) BNS: Attempt to commit robbery

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Bare Act Text

(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.

Explained in Simple Words

Section 309(5) of the Bharatiya Nyaya Sanhita (BNS) deals with an attempt to commit robbery. It applies when a person takes steps towards robbery, but the robbery is not completed, and punishes the offender with rigorous imprisonment up to seven years and liability to fine.

The law treats the attempt seriously because the offender has already crossed the stage of mere planning and moved into execution. This section can apply where force, intimidation, or weapons are used in the course of trying to rob someone.

The prosecution must show a clear intention to commit robbery and an act that goes beyond preparation. In practice, this section matters because it allows the police and courts to act even when the robbery fails, especially where the victim escapes, the accused is caught in time, or the property is not actually taken.

Key Ingredients

  • Attempting to commit robbery as defined under the Code
  • Punishment with rigorous imprisonment extending to seven years and liability to fine under Section 309(5) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Rigorous imprisonment for a term which may extend to seven years.

💰 The offender is also liable to fine.

An attempt to commit robbery carries rigorous imprisonment for a term extending up to seven years, and liability to fine.

Real-World Example

Near an automated teller machine in Vijayawada, Aditya approached Priya, seized her shoulder, and attempted to wrench her handbag from her grasp while threatening instant violence if she shouted. Priya resisted and called for help, prompting bystanders to intervene, whereupon Aditya fled without taking the bag. Aditya performed an overt act towards committing robbery by using force and threatening instant hurt to take property. Aditya is punishable under Section 309(5) BNS.

When This Does Not Apply

  • The actions amounted only to planning or preparation without an overt act proximate to the robbery
  • The attempted taking did not involve force, restraint, or threat of instant death, instant hurt, or instant wrongful restraint
  • The accused acted under a bona fide claim of right without dishonest intention

Previous Law

IPC 393 → Section 309(5) BNS

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.

Section 309(6) BNS: Voluntarily causing hurt in committing robbery

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Bare Act Text

(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 309(6) of the Bharatiya Nyaya Sanhita (BNS) deals with a robbery or attempted robbery where hurt is voluntarily caused during the offence. It applies when a person, while committing or attempting to commit robbery, voluntarily causes hurt to the victim or to any other person. The law treats this more seriously than ordinary robbery because physical injury has been added to the offence. This provision applies to the person who causes hurt as well as any other person jointly concerned in committing or attempting to commit the robbery.

The prosecution must show that hurt was caused voluntarily and that it happened in committing or attempting to commit the robbery. In practice, this section is often used in cases involving snatching, armed robbery, street robbery, or attacks on shopkeepers, drivers, or passers-by. It matters because the punishment is much heavier, and the case is usually investigated and prosecuted as a serious violent offence.

Key Ingredients

  • Voluntarily causing hurt in committing or attempting to commit robbery
  • Joint liability of every person concerned in committing or attempting such robbery
  • Punishment with imprisonment for life or rigorous imprisonment extending to ten years and liability to fine under Section 309(6) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment for life, or rigorous imprisonment for a term which may extend to ten years.

💰 The offender is also liable to fine.

Voluntarily causing hurt in committing or attempting robbery carries imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine for both the actor and all persons jointly concerned.

Real-World Example

Near an alley in Kochi, Devendra and Rakesh intercepted Lakshmi to snatch her handbag containing gold ornaments. When Lakshmi held onto the bag, Devendra struck her violently across the face, causing facial bruising and bleeding, while Rakesh restrained her hands. The two then ran off with the bag. Devendra voluntarily caused hurt in committing robbery, and Rakesh was jointly concerned in the act. Both are punishable under Section 309(6) BNS.

When This Does Not Apply

  • No hurt was voluntarily caused during the commission or attempted commission of robbery
  • The hurt was not caused in committing or in attempting to commit robbery
  • The accused was not jointly concerned in committing or attempting to commit the robbery
  • The taking of property was simple theft without any element of robbery under Section 309 BNS

Previous Law

IPC 394 → Section 309(6) BNS

Section 394 IPC corresponds to Section 309(6) BNS. The joint liability principle, the punishable acts, the alternative punishments of imprisonment for life or rigorous imprisonment for up to ten years, and liability to fine remain unchanged in substance.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·