Section 309 BNS: Understanding Robbery Under Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita (BNS), 2023, has revamped India’s criminal justice system, replacing colonial-era laws with updated provisions suited for modern times. One of the key provisions is Section 309 BNS, which lays out the legal framework for dealing with robbery in India.

Robbery is not merely theft—it becomes more severe when it involves violence or intimidation. Section 309 BNS addresses these aggravated situations, incorporating acts involving weapons, bodily harm, or group attacks. The law also outlines penalties for attempted robbery, robbery with hurt, and robbery at night on highways.

The section incorporates parts of older IPC sections—Section 309 BNS effectively replaces section 390, 392, 393, and 394 of the IPC. It provides clear definitions, detailed punishments, and a wider scope of what constitutes robbery in modern India.

In this article, we will examine Section 309 BNS, its bare language, simplified interpretation, key elements, judicial outlook, landmark cases, and its overall impact on criminal law. Explore other important Judiciary Notes.

Section 309 BNS

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download PDF on Section 309 BNS

Section 309 BNS defines robbery as a violent form of theft or extortion. It criminalizes situations where a person uses force, threat, or fear to take or attempt to take property from someone.

Robbery under this law includes:

• Theft with violence: When a person steals something and in the process causes or tries to cause death, hurt, or fear of instant harm.
• Extortion with intimidation: If someone extorts property by threatening immediate injury while being physically present, it counts as robbery.

The law goes further by detailing punishments under multiple sub-sections:

• Section 309 4 prescribes rigorous imprisonment up to 10 years and fine for committing robbery. If it occurs on a highway between sunset and sunrise, the term may extend to 14 years.
• Section 309 5 covers attempted robbery, punishable with up to 7 years of rigorous imprisonment and fine.
• Section 309 6 deals with aggravated robbery, where the offender causes hurt during the act. It carries a punishment of life imprisonment or up to 10 years of rigorous imprisonment with fine.

Notably, if weapons are used, courts may consider it an aggravating factor, often enforcing a minimum sentence of 7 years, as observed by institutions like Vidhi Judicial Academy.

Thus, Section 309 BNS ensures that robbery, in all its violent forms, is strictly punished to protect personal safety and public order.

Section 309 BNS Essential Elements

To prove an offense under Section 309 BNS, the following essential elements must exist:

• Theft or Extortion: The base crime involves unlawfully taking property or forcing someone to give it up.
• Use of Force or Threat: There must be violence, actual hurt, or threat of immediate harm, such as fear of death or restraint.
• Presence During Extortion: For extortion to become robbery, the accused must be present and use immediate threat to compel delivery.
• Injury or Attempted Harm: If the act causes or attempts to cause bodily harm, it falls under section 309 6 BNS and draws higher punishment.
• Attempt: Even if robbery is attempted but not completed, it is punishable under section 309 5 BNS.

These elements ensure that only deliberate, violent acts involving property and intimidation are treated as robbery under Section 309 BNS.

Section 309 BNS reflects a modern and structured approach to dealing with robbery and its aggravations.

• The offense is cognizable, allowing police to arrest the accused without prior court approval.
• It is non-bailable, meaning the accused cannot claim bail as a matter of right. Specifically, 309 6 BNS is bailable or non bailable?—It is non-bailable due to its seriousness.
• It is triable by a Magistrate of the first class, answering the frequent query: Section 309 BNS triable by which court?

Moreover:

• Section 309 4 BNS triable by which court? – Also, a Magistrate of the first class.
• Section 309 4 of BNS Act punishes standard robbery with enhanced penalties for night-time highway incidents.
• Section 309 6 BNS punishment includes life imprisonment in aggravated cases, like when the victim is injured.

This section also deals with robbery and dacoity, especially if committed by five or more persons, making it a case of organized criminal behavior.

Comparison: BNS vs IPC 

Before BNS, similar conduct was covered under Indian Penal Code (IPC). The transition to Section 309 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Feature	IPC (Sec 390–394)	Section 309 BNS
Base Definition	Robbery as theft/extortion + violence	Same
Attempt to Robbery	Section 393 (7 years)	Section 309 5 – 7 years & fine
Robbery Causing Hurt	Section 394 – 10 years	Section 309 6 BNS – Up to life term
Night Highway Robbery	Not distinctly stated	309 4 BNS – Up to 14 years
Dacoity Involvement	Section 395 (Group of 5+)	Addressed within robbery section 309 BNS
Use of Weapons	Implied	Explicitly aggravates punishment
Triable by Court	Magistrate First Class	Same – Section 309 BNS triable by which court
Bailability	Non-bailable	309 6 BNS is non-bailable

Section 309 BNS Judicial Interpretation

Courts in India have long held that robbery is a crime against personal security and property, and must be treated with severity. Judicial interpretations of sec 309 and similar IPC sections have emphasized the presence of immediate threat, intent, and actual violence as essential.

For instance, in cases where accused persons used a knife or pistol during theft, courts ruled the offense as robbery under Section 309 BNS, especially when there was clear fear of instant hurt.

Courts also affirm that attempted robbery, even if unsuccessful, invites strict punishment. The judiciary considers factors such as time, place (e.g. highway at night), use of weapons, and injury caused to assess whether section 309 4, 309 5, or section 309 6 BNS applies.

Thus, courts interpret under Section 309 BNS with a focus on protection of life and property, consistently affirming high penalties in serious and group-related robberies.

Section 309 BNS Landmark Cases 

The landmark cases relating to section 309 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• Raju v. State of Karnataka (2001) – The court ruled that snatching a woman’s purse and injuring her when she resisted constituted robbery, not just theft, as violence was involved. It supported section 309 6 BNS punishment with enhanced severity.
• State of Maharashtra v. Joseph Mingel Koli (2005) – The accused used a weapon while committing robbery at night on a public road. The Bombay High Court upheld a sentence under section 309 4 BNS, extending beyond 10 years due to highway involvement.
• Shiv Kumar v. State of UP (2013) – The Supreme Court stated that attempted robbery, where the victim escaped harm but was threatened, qualified under section 309 5 BNS.
• Prem Singh v. State of Haryana (1994) – The court clarified that robbery committed by five individuals was dacoity, and stricter punishments applied, linked with robbery section 309 BNS.
• Ajay Kumar v. State (2019) – Robbery of a delivery driver by three men using blunt weapons led to conviction under section 309 BNS, reflecting judicial reliance on presence and injury.

 Section 309 BNS Impact

The enactment of Section 309 BNS marks a stronger stance on robbery-related crimes. By consolidating provisions and introducing stricter punishment in cases involving weapons, injury, or group crimes, it strengthens India’s fight against violent property offenses.

With its expanded scope—including attempts, group crimes, and nighttime offenses on highways—the law anticipates modern criminal tactics. The specific punishment clauses in section 309 4, section 309 5, and section 309 6 BNS make enforcement more predictable and effective.

Additionally, digital legal tools and police procedure reforms now work alongside Section 309 BNS to enable faster arrests and fair trials, especially since the offense is non-bailable and cognizable.

From judicial interpretation to on-ground policing, the law empowers the state to act swiftly while ensuring fair legal processes.

Conclusion

In summary, Section 309 BNS is a robust and modern provision that covers all dimensions of robbery—from simple snatching with violence to aggravated attacks causing injury, and attempted or planned group thefts.

It replaces section 390 to 394 of IPC and expands their intent by including specific provisions like highway robbery, use of weapons, and aggravated punishment under section 309 6 BNS.

With clear sub-clauses, rigorous punishments, and updated definitions, under Section 309 BNS, Indian law is better equipped to protect life and property from organized or violent theft.

Whether it’s section 309 BNS triable by which court (Magistrate First Class) or 309 6 BNS is bailable or non bailable (it’s non-bailable), the law sets strict yet fair boundaries.

Ultimately, robbery section 309 BNS reinforces the idea that no property crime involving violence should go unpunished, keeping justice effective and equitable.