Bharatiya Nyaya Sanhita, 2023 · Chapter XVII: Of Offences against Property · Of robbery and dacoity
Section 309: Robbery
In plain words
Robbery is theft or extortion made worse by violence or threat. Theft becomes robbery if the offender causes or tries to cause death, hurt or wrongful restraint, or fear of these at once, to commit the theft or carry off the property. Extortion becomes robbery if done face to face by putting someone in fear of instant death, hurt or restraint.
- Robbery: rigorous imprisonment up to ten years and a fine. On a highway between sunset and sunrise: up to fourteen years.
- Attempted robbery: rigorous imprisonment up to seven years and a fine.
- If hurt is caused during robbery or attempted robbery, everyone jointly involved faces imprisonment for life or rigorous imprisonment up to ten years, and a fine.
Example: A shows a pistol to Z on the road and demands his purse, and Z hands it over. This is robbery.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(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.
(4) 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.
(5) 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.
(6) 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 309 carries forward robbery from section 390 of the IPC. Every robbery is a theft or an extortion made graver by instant violence or the fear of it.
When theft is robbery
Sub-section (2): if, to commit the theft, while committing it, or while carrying away the property, the offender for that end causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint.
When extortion is robbery
Sub-section (3): if the offender is present, puts the victim in fear of instant death, hurt or wrongful restraint, and so induces him to hand over the property then and there.
Immediacy
A threat of future harm is extortion, not robbery. Robbery needs violence or fear of it at the time of the taking, used for the purpose of the theft or extortion.
Key Supreme Court rulings
Mohammad Wajid v. State of U.P. 2023 INSC 683
Decided under section 390 of the IPC, the same definition. Explained when theft is robbery and when extortion is robbery, as the foundation of dacoity.
Common mistakes
- Treating violence unconnected with the taking as robbery.
Read with: Section 303 BNS, Section 308 BNS, Section 310 BNS, Section 390 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 309
No Supreme Court judgment in our database cites this section yet.