Section 309 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Of robbery and dacoity

Robbery.

309. (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.