Section 394 IPC: Voluntarily causing hurt in committing robbery

Indian Penal Code, 1860

Section 394 IPC at a Glance

Section 394 IPC deals with voluntarily causing hurt in committing robbery. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 309(6) BNS.

Punishment

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

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

Section 309(6) →

Section 394 IPC Bare Act Text

394. Voluntarily causing hurt in committing robbery

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 394, Indian Penal Code, 1860

Section 394 IPC in Simple Words

Section 394 of the Indian Penal Code (IPC) punishes voluntarily causing hurt in committing or attempting to commit robbery. If any person voluntarily causes hurt during the commission or attempted commission of robbery, that person and every other person jointly concerned in committing or attempting that robbery are punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and are 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 394 IPC

  • The commission of robbery or an attempt to commit robbery
  • Voluntarily causing hurt to any person during such commission or attempt
  • The hurt was caused in committing or in attempting to commit the robbery
  • Joint concern of the accused in committing or attempting to commit the robbery, extending liability to all participants even if hurt was physically inflicted by only one of them

Punishment Under Section 394 IPC

Imprisonment

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

Fine

The offender is also liable to fine.

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

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.

Example of Section 394 IPC

In July 2021, outside a market in Bhopal, Saurabh and Naveen cornered Prashant to rob him of his digital camera. While Naveen blocked the exit and held Prashant by the waist so he could not escape, Saurabh kicked Prashant in the knee, causing bodily pain and swelling, and pulled the camera from his neck. Both men then escaped together with the camera. Saurabh voluntarily caused hurt in committing robbery, and Naveen was jointly concerned in committing that robbery. Saurabh and Naveen are punishable under Section 394 IPC.

When Section 394 IPC Does Not Apply

  • The robbery or attempted robbery was carried out solely through threats of instant harm without anyone actually inflicting bodily hurt.
  • A bodily injury occurred accidentally rather than being caused voluntarily by any participant.
  • The assault causing hurt took place in a separate quarrel that had no connection to committing or attempting robbery.
  • The person charged neither inflicted the hurt nor participated jointly in committing or attempting the robbery.

Section 394 IPC in the BNS

Section 394 IPC is now covered under 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.

View detailed comparison (IPC 394 vs BNS 309(6)) →

FAQs on Section 394 IPC

What does Section 394 IPC punish?▼

Section 394 IPC punishes voluntarily causing hurt while committing or attempting to commit robbery, imposing liability on both the person who causes hurt and every person jointly concerned in the robbery.

What is the punishment under Section 394 IPC?▼

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

Does Section 394 IPC apply to an accomplice who did not strike the victim?▼

Yes. The section explicitly provides that any other person jointly concerned in committing or attempting to commit such robbery shall be punished with the same penalties.

Is Section 394 IPC bailable?▼

No. An offence under Section 394 IPC is non-bailable under the First Schedule to the CrPC.

Is Section 394 IPC cognizable?▼

Yes. Section 394 IPC is a cognizable offence under the First Schedule to the CrPC.

Which court tries an offence under Section 394 IPC?▼

A Magistrate of the first class tries cases under Section 394 IPC.

Can an offence under Section 394 IPC be compounded?▼

No. Section 394 IPC is not compoundable under Section 320 CrPC.

Is the fine mandatory under Section 394 IPC?▼

No. The words shall also be liable to fine make the imposition of a fine discretionary rather than mandatory.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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