Understanding Section 309 of Bhartiya Nyaya Sanhita (BNS), 2023: Robbery, Theft, Extortion, and Legal Punishments

The Bhartiya Nyaya Sanhita (BNS), 2023, is a landmark legal reform which has replaced the Indian Penal Code (IPC), 1860. One of the critical sections in this new criminal code is Section 309, which deals with robbery which is  a serious offence that summarizes violence, intimidation, and theft/extortion.

Robbery is often described as merely taking someone’s property. However, the legal scope is much broader and exact, especially when compared with theft or extortion. Section 309 describes the distinctions and overlaps between these crimes, ensuring that punishment is proportionate to the crime’s intensity and method.

Let us explore this section in depth and understand how it functions in India’s modern criminal justice system.

What is Robbery Under Section 309 BNS?

According to Section 309 of the BNS, 2023, robbery is not a single offence; rather, it is an aggravated form of either theft or extortion, committed with violence or the threat of violence.

Definition: Robbery is committed when, during the act of theft or extortion, the offender:

• Uses force,
• Causes or attempts to cause death or hurt,
• Or instills immediate fear of death, hurt, or wrongful restraint.

Thus, robbery lies at the intersection of property and violent crime. The offender not only seeks to take property unlawfully but also uses coercion, fear, or violence in doing so.

Theft vs. Robbery

Theft (Defined under Section 303 of BNS):

Theft involves dishonestly taking someone’s movable property without their consent. There is no use of force or fear involved in the basic definition of theft.

When Does Theft Become Robbery?

Theft is elevated to robbery when the offender:

• Voluntarily causes or attempts to cause hurt or death during or after committing theft.
• Uses force or threatens immediate harm while carrying away the stolen goods.
• Prevents resistance by wrongful restraint or fear.

Example:

• Theft: Person A picks Person B’s pocket in a crowded market.
• Robbery: Person A snatches Person B’s wallet and punches them when they resist.

The distinction lies in the presence and application of force or fear. The moment violence or immediate threat is involved, theft becomes robbery.

Extortion vs. Robbery

Extortion (Defined under Section 308 of BNS):

Extortion involves intentionally putting someone in fear of injury to compel them to give up property or valuable security.

When Does Extortion Become Robbery?

Extortion turns into robbery when:

• The offender is in the victim’s presence.
• The fear of injury or death is immediate.
• The victim is compelled to deliver property on the spot.

Example:

• Extortion: Person A calls Person B and threatens to harm their family if they don’t transfer money.
• Robbery: Person A confronts Person B with a knife and demands their phone.

Immediate physical proximity and fear of instant harm transform extortion into robbery under Section 309.

Key Elements of Robbery Under Section 309 BNS

To prove an offence under Section 309, the following elements must be established:

• Underlying Offence: There must be a theft or extortion.
• Use of Violence or Fear: The accused must use or threaten to use violence or wrongful restraint.
• Proximity: In case of extortion-turned-robbery, the offender must be physically present.
• Immediacy of Harm: The threat or harm must be of an immediate nature.
• Intent: The intention must be to obtain property unlawfully through force or fear.

If these criteria are not met, the offence may instead fall under theft or extortion alone.

Punishment Under Section 309 BNS

The BNS has laid down graded punishments depending on the circumstances of the robbery:

• Standard Robbery: Rigorous imprisonment of up to 10 years, and fine.
• Robbery on Highways at Night: If the robbery occurs between sunset and sunrise on a highway, the punishment can extend up to 14 years.

This recognizes the heightened vulnerability of individuals on public roads during nighttime.

Robbery Involving Hurt: If the offender voluntarily causes hurt, the punishment may extend to life imprisonment or up to 10 years of rigorous imprisonment along with fine.

This reflects the aggravated nature of violence, beyond mere intimidation.

Attempted Robbery: Even if robbery is attempted but not completed, the offender can be punished with imprisonment of up to 7 years, and fine.

Illustrative Scenarios

• Theft to Robbery: A steals a mobile phone and hits the victim to escape – robbery.
• Extortion to Robbery: A threatens B with a knife to transfer money instantly – robbery.
• Attempted Robbery: A tries to rob B at gunpoint but fails to get anything – still punishable.
• Aggravated Robbery: A injures B during the robbery – life imprisonment possible.

Landmark Judicial Interpretations

While the BNS is new, the interpretative principles from IPC-era case law are still applicable unless explicitly overruled. Below are some key precedents that help us understand the legal contours of robbery:

K. Ramadas Shenoy v. Chief Officers, Town Municipal Council (1989)

• Issue: Validity of municipal resolutions permitting the conversion of a public hall into a cinema theatre.
• Court’s Finding: The conversion contravened the Town Planning Scheme, rendering the resolutions invalid.
• Significance: Emphasized that acts involving coercion and illegal seizure directly threaten the rule of law and property rights, providing philosophical grounding for treating robbery as a grave offence

Friends Colony Development Committee v. State of Orissa (2004)

• Issue: Unauthorized construction and deviations from sanctioned building plans in a residential area.
• Court’s Finding: The unauthorized construction posed threats to the environment and public safety, leading to demolition orders.
• Significance: Reinforced the importance of deterring criminal acts like robbery, which disturb public order, through effective prosecution.

Shyam Behari v. State of Uttar Pradesh (1957)

• Issue: Attempted robbery and subsequent murder during a dacoity.
• Court’s Finding: The appellant and his companions attempted to commit robbery, and one of them committed murder during the act.
• Significance: Highlighted that even minor injuries inflicted during a robbery can escalate punishment and justify long-term incarceration, considering the cumulative effect of fear, violence, and property loss.

The Rationale for Enhanced Punishment

Robbery is seen as more than theft because:

• It includes psychological trauma and physical danger.
• It often targets vulnerable individuals (nighttime, isolated places).
• It challenges not only private rights but public security.

Thus, Section 309 seeks to ensure that criminals are punished in proportion to the harm caused or risk created.

Practical Legal Tips

For Victims:

• Report the incident immediately to ensure timely action.
• Provide detailed accounts of violence, threats, or restraint.
• Preserve medical reports or video evidence if applicable.

For Lawyers:

• Carefully establish whether the case involves immediate fear or future threat.
• Use precedent to argue aggravating or mitigating factors.
• Distinguish between robbery, extortion, and dacoity (if multiple offenders).

Comparison: BNS 2023 vs. IPC 1860

Element	IPC Section 390	BNS Section 309
Definition	Theft/Extortion + violence/fear	Same
Punishment	10 years (basic)	10–14 years (graded)
Language	Archaic/legalistic	Simplified/modern
Scope	Unchanged conceptually	Same structure, better clarity

While substantive principles remain unchanged, the BNS introduces clarity in definitions, examples, and graded punishments for nuanced crimes like robbery.

Conclusion

Section 309 of the Bhartiya Nyaya Sanhita (BNS), 2023, is a modern codification of a classic legal concept. By clearly outlining how theft or extortion becomes robbery, and by imposing proportionate and graded punishments, it strengthens India’s criminal justice system.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What is the punishment for robbery under Section 309 of BNS?

The punishment for robbery under Section 309 of BNS, 2023 can be up to 10 years of imprisonment and a fine. Robberies that occur on roadways between dusk and dawn may result in up to 14 years of imprisonment.

2. When does theft become robbery?

Theft becomes robbery when, during the act of theft, the perpetrator uses force, threatens harm, or instills fear of immediate death or wrongful restraint.

3. What happens if extortion turns into robbery?

Extortion becomes robbery when the perpetrator forces someone to surrender property by instilling fear of death or immediate harm.

4. How can Lead India assist in robbery cases?

Lead India offers expert legal counsel in robbery cases. Our experienced lawyers can guide you through the legal process, help file complaints, and provide legal representation in court.