BNS Section 309

Section 309 of the Bharatiya Nyaya Sanhita (BNS), which replaces Section 379 of the Indian Penal Code (IPC), deals with robbery.

(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.

(2) 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.

(3) 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.

(4) 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.

Example:
While on his way home from work, Rakesh is stopped by Vijay in a secluded street. Vijay then strikes Rakesh on his head with a batton, and runs off with his phone and wallet. Vijay is guilty of the offence under this Section.

Key Points and Definitions:
Robbery:
Robbery is not a standalone crime but a compounded form of theft or extortion. It involves the use of force, fear, or violence during the commission of theft or extortion, making the offense more severe than mere theft or extortion.
For robbery to occur, there must be some element of immediate physical harm or threat of harm to a person during or related to the act of theft or extortion.

Theft as Robbery (Sub-section 2):
Theft becomes robbery if the offender, in order to commit theft, or while committing theft, or while escaping with stolen property, uses violence or threatens violence.
The key factors are:
The voluntary causing or attempting to cause:
Death
Hurt (physical injury)
Wrongful restraint (preventing someone from moving freely)
Fear of instant death, hurt, or wrongful restraint must be induced to the victim to assist in committing or escaping after theft.

Extortion as Robbery (Sub-section 3):
Extortion becomes robbery if the offender, while committing extortion, places the victim in fear of instant death, hurt, or wrongful restraint, and induces the victim to immediately hand over the property or thing being extorted.
The key elements are:
The offender must be present in front of the person being extorted.
The fear of instant harm must be such that it forces the victim to comply at that moment.
Instant fear of harm can be directed at the victim or another person related to the victim.

Force and Fear as Central Elements:
Both forms of robbery, whether arising from theft or extortion, require the use of physical force or immediate threat of harm to the victim or someone else.
The fear instilled in the victim must be of instant (immediate) harm, and it should directly lead to the victim’s actions (handing over property, not resisting, etc.).

Immediate Threat of Harm:
The term “instant” is crucial in robbery, as it distinguishes robbery from other forms of coercion or fraud. The fear of harm must be immediate, meaning the victim must perceive a direct and present threat of violence if they do not comply with the offender’s demands.
This immediate nature of the threat makes robbery more severe than theft or extortion alone.

Intent (Mens Rea):
The offender must act with the intention to commit theft or extortion and use violence or threats as a means to achieve that goal.
Intentional harm or threats used for facilitating theft or extortion is a critical element in establishing robbery.

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