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robbery

English · Criminal law

Meaning. Theft or extortion accompanied by violence, or by fear of instant violence.

Under s.309 of the Bharatiya Nyaya Sanhita, 2023 (old ss.390 and 392 IPC), robbery is an aggravated form of theft or extortion. Theft becomes robbery if, in committing it, carrying away the property or attempting to do so, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint. Extortion becomes robbery if the offender is in the presence of the victim and puts him in fear of instant harm, and so induces him to hand over the property then and there.

The violence must be for the purpose of the theft; violence used afterwards for another reason does not make it robbery. When five or more persons together commit or attempt robbery, the offence is dacoity (s.310 BNS, old s.391 IPC). Snatching, a new separate form of theft, is in s.304 BNS.

Example

The accused pushed the victim to the ground to grab her bag, so the theft became robbery under s.309 BNS.

In Indian law

  • Section 309, Bharatiya Nyaya Sanhita, 2023 (old ss.390 and 392 IPC)
  • Section 310, BNS (old s.391 IPC): dacoity

See also

theft · extortion · dacoity · wrongful restraint

Read more in the study notes

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