BNS Section 309: Robbery

Offence

This section provides for the crime of robbery. Given that robbery and theft are often used interchangeably, this section has been divided into seven subsections to elaborate on how robbery is different from other crimes or under what circumstances a crime is considered robbery. Let us look at the various subsections one by one.

Subsection (1) clarifies that while robbery is not the same as theft or extortion, they are both crucial elements of robbery. That is robbery either involves dispossessing a person of his or her property or threatening a person with fear of injury in order to extract something out of them. In other words, robbery is a compounded version of these two offences that causes more harm than these two offences in their general state.

Subsection (2) defines at what point theft becomes robbery. It states that when a person, in the course of committing a theft, at any point, causes or attempts to cause or threatens to cause death, injury or wrongful restraint, then that theft is elevated to the offence of robbery.

Subsection (3) defines at what point extortion becomes robbery. It states that, when a person, in the course of committing extortion, causes, or attempts to cause or threatens to cause instant death, injury or wrongful restraint, it shall be considered robbery. There is one additional condition to this, that the extortion must be done in the presence of that person and not indirectly. In other words, it has to be done face to face and the threat has to be immediate. There is a further explanation given in this regard, where it states that a person is said to be in the immediate presence of the victim if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. In other words, if the person is in range to kill, hurt or restrain the person being extorted, then it shall be considered as being ‘face-to-face’. Let us take a look at the illustration provided to highlight the nuances of this condition.

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

A is committing theft with threat of causing injury which meets the conditions of ‘theft amounting to robbery’ under the provisions of this section.

(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.

Here extortion has been committed with two qualifying features: there is threat to cause immediate death or hurt, and it has been done in the presence of the victim. So it meets both the conditions of ‘extortion amounting to robbery’ under the provisions of this section

(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.

A has committed extortion with the following qualifications: there is ‘immediate threat to life’ of the child. And it has been done face-to-face. This meets all the qualifications of ‘extortion amounting to robbery’.

(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.

Here extortion has been committed. And it has been done face to face. However, the threat to the life of the child is not immediate as the child is not present at the scene. Since this meets only one condition it cannot be prosecuted as robbery under the provisions of this section. However, it shall be prosecuted as extortion under section 308.

Subsection (4) defines the punishment for committing robbery.

Subsection (5) defines the punishment for attempted robbery.

Subsection (6) defines the punishment of causing harm or injury in the course of committing robbery.

Punishment

Any person found guilty of committing robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

Further, if the robbery takes place on a highway after sunset or before sunrise, then the punishment is shall be rigorous imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Any person found guilty of attempting robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Any person who hurts or causes injury to any person in the course of committing or attempting a robbery shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, depending on the nature of the injury cause, and shall also be liable to fine.

The above actions may not be an offence under this section if:

However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.