IPC §390 → BNS §309
Robbery. When theft is robbery. When extortion is robbery
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390. Robbery.—In all robbery there is either theft or extortion. When theft is robbery.—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. When extortion is robbery.—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. 1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956). 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 filing 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.
(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.
(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.
What changedAI-inferred
IPC 390 absorbed into BNS 309(1-3).
Old position
IPC 390 is concerned with Robbery. When theft is robbery. When extortion is robbery. Robbery
New position
BNS 309 preserves the framework with drafting modernisations as required by the new code. Topic: Robbery. In all robbery there is either theft or extortion
BNS 309 (Robbery) preserves the framework of IPC 390. BNS 309 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 309 text: In all robbery there is either theft or extortion.(2) Theft is robbery if,...
Editorial deltaAI-indicated (source-linked)
BNS 309 (Robbery) preserves the framework of IPC 390. BNS 309 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 309 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 390 continues to apply. For matters from that date forward, BNS 309 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 309 (Robbery). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Indian Penal Code, 1860 · §390
View government sourcemha.gov.in(opens the Indian Penal Code, 1860 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Bharatiya Nyaya Sanhita, 2023 · §309
View government sourcemha.gov.in(opens the Bharatiya Nyaya Sanhita, 2023 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §390 → BNS §309 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/ipc/390.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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