Section 392 IPC: Punishment for robbery

Indian Penal Code, 1860

Section 392 IPC at a Glance

Section 392 IPC deals with punishment for robbery. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 309(4) BNS.

Punishment

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.

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

Section 309(4) →

Section 392 IPC Bare Act Text

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.

Source: Section 392, Indian Penal Code, 1860

Section 392 IPC in Simple Words

Section 392 of the Indian Penal Code (IPC) prescribes the punishment for robbery. The standard punishment is rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to fine.

If the robbery is committed on the highway between sunset and sunrise, the maximum punishment extends to rigorous imprisonment for fourteen years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class.

It is not compoundable under Section 320 CrPC.

Ingredients of Section 392 IPC

  • The commission of theft or extortion as defined under the Code
  • 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
  • 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
  • For the aggravated punishment, the robbery is committed on the highway between sunset and sunrise

Punishment Under Section 392 IPC

Imprisonment

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.

Fine

The offender is also liable to fine.

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

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.

Example of Section 392 IPC

In 2022 in Hubballi, shortly after midnight, Chetan stopped Bhaskar on the national highway between sunset and sunrise. Chetan aimed a pistol at Bhaskar and demanded his wristwatch and gold chain. Put in fear of instant death while Chetan stood in his presence, Bhaskar immediately handed over the wristwatch and gold chain to Chetan. By extorting the ornaments from Bhaskar through fear of instant death on the highway at night, Chetan committed robbery. Chetan is punishable under Section 392 IPC.

When Section 392 IPC Does Not Apply

  • Section 392 IPC does not apply when movable property is stolen stealthily without causing or attempting to cause death, hurt, wrongful restraint, or fear of instant harm.
  • Section 392 IPC does not apply when property is obtained by threatening future injury rather than putting a person in fear of instant death, instant hurt, or instant wrongful restraint in the offender's presence.
  • Section 392 IPC does not apply when a person merely attempts to commit robbery without completing the theft or extortion, as such an attempt falls under Section 393 IPC.
  • Section 392 IPC does not apply when five or more persons conjointly commit the robbery, which constitutes dacoity rather than simple robbery.

Section 392 IPC in the BNS

Section 392 IPC is now covered under 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.

View detailed comparison (IPC 392 vs BNS 309(4)) →

FAQs on Section 392 IPC

What does Section 392 IPC punish?▼

Section 392 IPC punishes the commission of robbery as defined in Section 390 IPC.

What punishment is prescribed for robbery under Section 392 IPC?▼

The base punishment is rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to fine.

Under Section 392 IPC, what is the punishment if robbery is committed on a highway between sunset and sunrise?▼

If committed on the highway between sunset and sunrise, the rigorous imprisonment may be extended to fourteen years, and the offender is also liable to fine.

Is Section 392 IPC bailable?▼

No. An offence under Section 392 IPC is non-bailable according to the First Schedule to the CrPC.

Is Section 392 IPC cognizable?▼

Yes. The offence is cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 392 IPC?▼

A Magistrate of the first class tries cases under Section 392 IPC.

Is robbery compoundable under Section 320 CrPC?▼

No. Robbery is not compoundable under Section 320 CrPC.

Is fine mandatory under Section 392 IPC?▼

No. The statute states that the offender shall also be liable to fine, which confers discretion on the court regarding the imposition of a fine.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·