Section 309 of the Bharatiya Nyaya Sanhita (BNS) addresses the crime of robbery, defining it as an aggravated form of theft or extortion that involves the use of violence, threats, or fear to unlawfully obtain property. This section replaces the previous provisions under the Indian Penal Code (IPC) related to robbery and establishes stringent penalties for offenders.
Definition and Elements of Robbery
Robbery, as defined under Section 309 BNS, involves two primary components:
- Theft or Extortion: The act must involve either stealing property or extorting it from a victim.
- Use of Violence or Threats: The offender must instill fear in the victim through threats of immediate harm or actual violence. For instance, if a person uses a weapon to threaten someone for their belongings, it qualifies as robbery because it combines theft with the element of fear12.
Key Provisions
- Presence and Fear: The offender’s proximity to the victim is crucial; they must be close enough to create a genuine fear of immediate harm. This fear compels the victim to surrender their property1.
- Aggravated Circumstances: Specific situations, such as committing robbery on highways during nighttime, lead to harsher penalties13.
Punishments Under Section 309 BNS
The penalties for robbery under Section 309 are severe and vary based on the nature of the offense:
| Offense Type | Punishment | Bailable/Non-Bailable | Cognizable |
|---|---|---|---|
| Robbery | Rigorous imprisonment up to 10 years; up to 14 years if on a highway at night | Non-Bailable | Cognizable |
| Attempt to Commit Robbery | Rigorous imprisonment up to 7 years | Non-Bailable | Cognizable |
| Robbery Causing Hurt | Life imprisonment or rigorous imprisonment up to 10 years | Non-Bailable | Cognizable |
The law emphasizes that all offenses under this section are non-bailable and cognizable, meaning that police can arrest without a warrant and that bail is not granted as a right235.
Conclusion
Section 309 BNS represents a significant shift in India’s approach to handling robbery-related offenses, emphasizing deterrence through stringent punishments. It aims to address not only the act of theft but also the associated violence and intimidation that often accompany such crimes. This comprehensive legal framework seeks to enhance public safety and ensure justice for victims of robbery.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
