Section 309 of BNS: Penalizing Robbery and Its Aggravated Forms

Section 309 of the Bharatiya Nyaya Sanhita (BNS) defines robbery as an aggravated form of theft or extortion involving violence, threats, or harm.

Robbery is committed when theft or extortion involves causing or attempting to cause death, hurt, wrongful restraint, or fear of instant death, hurt, or restraint.

Punishment:
Whoever commits robbery is punishable with rigorous imprisonment for up to ten years, along with a fine.

If robbery is committed on a highway between sunset and sunrise, the punishment may extend to fourteen years of imprisonment.

Whoever attempts to commit robbery is punishable with rigorous imprisonment for up to seven years, and a fine.

If hurt is caused during the commission or attempt of robbery, the offender and any accomplices involved may face imprisonment for life or rigorous imprisonment up to ten years, along with a fine.

How It Protects:
This section ensures the safety of individuals by penalizing violent thefts and extortions. It addresses crimes involving physical harm, threats, and intimidation, protecting citizens from aggravated criminal actions.

The provision for harsher penalties during nighttime highway robberies emphasizes additional deterrence for high-risk scenarios.

Example:
If A restrains Z and steals Z’s money and jewelry, A commits robbery. Similarly, if A threatens Z with a pistol and forces Z to hand over a purse, it qualifies as robbery.

However, if A threatens Z about future harm without immediate presence, it constitutes extortion, not robbery.