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BNS · Section 309 · Chapter XVII — OF OFFENCES AGAINST PROPERTY

Robbery

What this section does

Defines robbery as an aggravated form of theft or extortion where the offender voluntarily causes or threatens instant death, hurt, or wrongful restraint. Dacoity-related robbery on a highway between sunset and sunrise attracts extended imprisonment. Causing hurt during robbery or attempted robbery can result in life imprisonment.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Robbery: rigorous imprisonment up to 10 years and fine; if on a highway between sunset and sunrise, up to 14 years (sub-section 4). Attempt to commit robbery: rigorous imprisonment up to 7 years and fine (sub-section 5). Robbery/attempted robbery with voluntary causing of hurt: imprisonment for life, or rigorous imprisonment up to 10 years, and fine (sub-section 6).
Triable by
Sessions Court
Cognizable
Yes
Bailable
No
Compoundable
No

Ingredients (what prosecution must prove)

  1. Accused committed theft or extortion
  2. For theft to become robbery: in order to commit the theft, or while committing it, or while carrying away/attempting to carry away stolen property, the offender voluntarily caused or attempted to cause death, hurt, wrongful restraint, or fear of instant death, hurt, or wrongful restraint
  3. For extortion to become robbery: the offender was present before the person put in fear, committed extortion by putting that person in fear of instant death, instant hurt, or instant wrongful restraint, and induced immediate delivery of the thing extorted

Practitioner note

All persons jointly concerned in a robbery where hurt is voluntarily caused are equally liable for the enhanced punishment under sub-section 6, regardless of who personally caused the hurt.

Old-law correspondence

Read the official text

For the binding statutory text of BNS Section 309, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 309 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.