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Side-by-Side Comparison

390 vs 309

Transition of Robbery laws to Section 309, maintaining the focus on violent theft.

What Changed?

Consolidation of IPC 390 to 392 into BNS 309.

Retainment of the specific 14-year penalty for nighttime highway robbery.

Verdict

"Consistent enforcement of severe penalties for violent street crimes and highway robberies."

Detailed Analysis

OLD LAW (IPC)

390

Act of 1860

Robbery

In all robbery there is either theft or extortion. Theft is 'robbery' if, in order to the committing of 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.
PunishmentSee Section 392
REFORM
NEW LAW (BNS)

309

Act of 2024

Robbery with Attempt to Cause Death or Grievous Hurt

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
PunishmentMin 7 years RI
1860
390 Origin
2024
309 Reform

Legal Implications

Section 309 of the BNS preserves India's robust robbery laws. The 14-year punishment for highway robbery during night hours recognises the continued heightened risk in transit routes. Theft plus violence equals robbery.

Practical Scenarios

"A group stopping a truck on a highway at 2 AM and robbing the driver (BNS 309 - up to 14 years)."

"Forcibly taking a chain from a pedestrian after threatening them with a weapon (BNS 309)."

Expert Q&A

Is robbery bail-able under BNS?

No, Section 309 is non-bailable.

What is the highway robbery premium under Section 392/BNS 309?

Section 392 provides a maximum of 14 years RI for robbery on a road between sunset and sunrise — 4 years more than the standard 10-year maximum. This premium reflects the special vulnerability of travellers on isolated roads at night.

What is the difference between robbery (392) and dacoity (395)?

Only the number of participants. Two people robbing = robbery (Section 392, up to 10-14 years). Five or more people robbing = dacoity (Section 395, life imprisonment or 10 years).

What converts a theft into robbery?

Force or the threat of instant force — either (a) to commit the theft, (b) to facilitate escape after theft, or (c) to retain the stolen property. The moment a thief threatens or hits the victim, the offence escalates from theft (3 years) to robbery (10–14 years).

Related IPC Sections

392 : Punishment for Robbery...391 : Dacoity Definition...

Related BNS Sections

161 : Robbery...162 : Dacoity...116 : Grievous Hurt...

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