BNS Section 309 – 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.
(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.
Important Links
 In all robbery there is either theft or extortion.(2) Theft is robbery if, in order to the committing of){kind=link}