(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 is 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.
Simplified Explanation
Section 309: Robbery under the Bhartiya Nyaya Sanhita, 2023 (BNS) defines the crime of robbery and provides detailed explanations of how it relates to theft and extortion, as well as the punishments for robbery and its attempt.
Section 309: Robbery
1. Basic Definition:
- Robbery is a crime that involves either theft or extortion, but with the additional element of violence or threat of immediate harm.
2. Theft as Robbery:
- Theft becomes robbery if, in the process of committing the theft, or in carrying away or attempting to carry away stolen property, the offender causes or attempts to cause:
- Death or hurt (physical harm) to any person.
- Wrongful restraint to any person.
- Fear of instant death, hurt, or wrongful restraint.
3. Extortion as Robbery:
- Extortion becomes robbery if:
- The offender is physically present and puts the victim in fear of instant death, instant hurt, or instant wrongful restraint.
- This fear is induced in the victim at the moment of extortion, and the victim is then forced to deliver the property or valuable security being extorted.
Explanation:
- The term “present” means the offender is sufficiently close to the victim to put them in fear of immediate harm or restraint.
Illustrations:
- Illustration (a): A forces Z down and takes Z’s money and jewels without consent, causing wrongful restraint. This is robbery because A committed theft but also caused restraint during the act.
- Illustration (b): A shows a pistol and demands Z’s purse. Z, fearing immediate harm, surrenders the purse. This is robbery because A committed extortion by threatening instant harm (hurt) to Z.
- Illustration (c): A threatens Z’s child with harm unless Z hands over his purse. Z, fearing immediate harm to his child, gives A the purse. This is robbery because A extorted the purse from Z by putting him in fear of instant harm to the child.
- Illustration (d): A threatens to kill Z’s child unless Z pays money. This is extortion, but not robbery, unless Z is put in fear of immediate death to the child (not just the threat of future harm).
4. Punishment for Robbery:
- Whoever commits robbery is punishable with rigorous imprisonment for up to ten years, and may also face a fine.
- If the robbery is committed on the highway between sunset and sunrise, the imprisonment term may be extended to fourteen years.
5. Punishment for Attempted Robbery:
- If someone attempts robbery, they can be punished with rigorous imprisonment for up to seven years, and also be liable to a fine.
6. Punishment for Robbery Involving Hurt:
- If a person causes hurt (physical injury) in the course of committing or attempting to commit robbery, the punishment is more severe:
- The offender and anyone else jointly involved in the robbery will face life imprisonment, or rigorous imprisonment for up to ten years, and may also face a fine.
Key Points to Remember:
- Robbery involves theft or extortion, but adds a significant element of force, violence, or threats of harm.
- The essential elements for robbery are violence or fear of immediate harm during theft or extortion.
- Robbery committed on highways between sunset and sunrise carries heavier penalties (up to 14 years).
- If hurt is caused in the commission of robbery, life imprisonment or up to 10 years’ rigorous imprisonment is possible.
Conclusion:
Section 309 of the Bhartiya Nyaya Sanhita, 2023 defines robbery as a more serious crime than theft or extortion by introducing the element of violence or immediate harm. It sets severe punishments for individuals involved in such crimes, especially when physical injury is caused, and includes heavier penalties for attempted robbery and robbery on highways at night.
