Section 393 IPC: Attempt to commit robbery
Indian Penal Code, 1860
Section 393 IPC at a Glance
Section 393 IPC deals with attempt to commit robbery. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 309(5) BNS.
Rigorous imprisonment for a term which may extend to seven years.
Section 393 IPC Bare Act Text
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.
Source: Section 393, Indian Penal Code, 1860
Section 393 IPC in Simple Words
Section 393 of the Indian Penal Code (IPC) prescribes the punishment for attempting to commit robbery. Whoever attempts to commit robbery is punished with rigorous imprisonment for a term which may extend to seven years, and is also liable to fine.
The offence penalises an overt act towards robbery that goes beyond mere preparation, even if the robbery is not completed. 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 393 IPC
- The intention to commit robbery as defined in Section 390 IPC
- An overt act done towards the commission of robbery that goes beyond mere preparation
- 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
Punishment Under Section 393 IPC
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.
Example of Section 393 IPC
When Section 393 IPC Does Not Apply
- The accused only planned or prepared for the crime and never carried out an overt step towards committing robbery.
- The person tried to steal property stealthily without causing or threatening death, hurt, or wrongful restraint, which is an attempt to commit theft rather than robbery.
- The property was actually taken by the offender through force or fear of instant harm, completing the offence of robbery under Section 392 IPC.
- The person sought to take the item under a genuine belief of ownership and lacked dishonest intent.
Section 393 IPC in the BNS
Section 393 IPC is now covered under 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.
View detailed comparison (IPC 393 vs BNS 309(5)) โFAQs on Section 393 IPC
What does Section 393 IPC punish?โผ
Section 393 IPC punishes any attempt to commit robbery.
What is the punishment for an attempt to commit robbery under Section 393 IPC?โผ
The punishment is rigorous imprisonment for a term which may extend to seven years, and the offender is also liable to fine.
Can simple imprisonment be awarded under Section 393 IPC?โผ
No. The statute expressly prescribes rigorous imprisonment, so the court cannot award simple imprisonment.
Is Section 393 IPC bailable?โผ
No. An offence under Section 393 IPC is non-bailable according to the First Schedule to the CrPC.
Is Section 393 IPC cognizable?โผ
Yes. Attempted robbery is a cognizable offence under the First Schedule to the CrPC.
Which court tries an offence under Section 393 IPC?โผ
A Magistrate of the first class tries cases under Section 393 IPC.
Under Section 393 IPC, is an attempt to commit robbery compoundable?โผ
No. Section 393 IPC is not compoundable under Section 320 CrPC.
Is a fine mandatory under Section 393 IPC?โผ
No. The clause providing that the offender shall also be liable to fine confers discretion on the court regarding whether to levy a fine.
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Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท