Section 392 and 395 IPC in BNS: Robbery 309, Dacoity 310

Section 392 IPC (punishment for robbery) is now Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 395 IPC (punishment for dacoity) is now Section 310(2) BNS. Robbery is defined in Section 309 and dacoity in Section 310. The punishments are largely the same as before, with one important change for dacoity with murder.

Robbery under Section 309 BNS

Section 309(1) says that in all robbery there is either theft or extortion. Robbery is therefore an aggravated form of one of these two offences.

When theft becomes robbery: Section 309(2)

Theft becomes robbery if, in order to commit the theft, while committing it, or while carrying away or attempting to carry away the stolen property, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint. The violence must be for the purpose of the theft, not an unrelated scuffle.

When extortion becomes robbery: Section 309(3)

Extortion becomes robbery if the offender is in the presence of the victim, puts the victim in fear of instant death, instant hurt or instant wrongful restraint, and by that fear induces the victim to deliver the property then and there.

Punishments within Section 309

• 309(4): robbery, rigorous imprisonment up to 10 years and fine; if committed on a highway between sunset and sunrise, up to 14 years (old 392).
• 309(5): attempt to commit robbery, rigorous imprisonment up to 7 years and fine (old 393).
• 309(6): voluntarily causing hurt while committing or attempting robbery, imprisonment for life or rigorous imprisonment up to 10 years and fine. This applies to the person who causes hurt and to every other person jointly concerned (old 394).

Dacoity under Section 310 BNS

When five or more persons conjointly commit or attempt to commit robbery, or where the persons committing or attempting it and those present and aiding it together number five or more, every such person commits dacoity. The number five is the defining feature.

• 310(2): dacoity, life imprisonment or rigorous imprisonment up to 10 years and fine (old 395).
• 310(3): dacoity with murder, where any one of the five or more commits murder in the course of dacoity: every one of them is punishable with death, life imprisonment or rigorous imprisonment of not less than 10 years, and fine (old 396).
• 310(4): preparation to commit dacoity, rigorous imprisonment up to 10 years and fine (old 399).
• 310(5): being one of five or more persons assembled to commit dacoity, rigorous imprisonment up to 7 years and fine (old 402).
• 310(6): belonging to a gang of persons associated for habitually committing dacoity, life imprisonment or rigorous imprisonment up to 10 years and fine (old 400).

Full mapping: old IPC to new BNS

What changed from the IPC

• Dacoity with murder: under Section 396 IPC, the third option was rigorous imprisonment that “may extend to ten years”. Section 310(3) BNS makes it rigorous imprisonment “not less than ten years”. The ceiling became a floor, so a sentence below ten years is no longer possible.
• Consolidation: thirteen IPC sections (390 to 402) are now Sections 309 to 313.
• New companion offences: the BNS also introduced Section 304 (snatching) and Section 112 (petty organised crime). Snatching was earlier prosecuted as theft or robbery depending on the facts.
• Other punishments: the punishments for robbery, attempt, hurt in robbery, dacoity, preparation, assembling and gang membership are unchanged in substance.

Important case law

Raj Kumar alias Raju v. State of Uttaranchal (2008) 11 SCC 709

For a dacoity conviction, the court must find that five or more persons took part. If five or more were clearly involved but some could not be identified, even fewer than five, or one, can be convicted. Without that finding, fewer than five persons cannot be convicted of dacoity.

Phool Kumar v. Delhi Administration (1975) 1 SCC 797

For the old Section 397 (now Section 311), the offender “uses” a deadly weapon even when he only displays it to frighten the victim. Actual striking is not needed.

Ashfaq v. State (NCT of Delhi) (2004) 3 SCC 116

The Court relied on Phool Kumar and held that being armed with a deadly weapon within the victim’s sight, enough to create terror, satisfies the requirement. A knife can be a deadly weapon for this purpose.

Common confusions

Robbery vs dacoity

The only structural difference is the number of persons. Fewer than five: robbery. Five or more (counting those present and aiding): dacoity.

Robbery vs snatching

Snatching under Section 304 BNS is sudden, quick or forcible seizure of movable property. If the offender also causes or attempts hurt or wrongful restraint, or creates instant fear, it moves into robbery under Section 309.

Hurt in robbery: who is liable

Under Section 309(6), the person who causes hurt and every person jointly concerned in the robbery are liable. Under Section 311, the minimum seven year sentence applies to the offender who actually uses the weapon or causes the grievous hurt.

For the general public: what to do

• Go to the nearest police station or dial 112 immediately. Robbery and dacoity are cognizable, so an FIR must be registered. A zero FIR can be lodged at any station.
• Note descriptions of the persons, vehicles, direction of escape and time. Do not disturb the scene.
• Block stolen cards and SIMs at once and keep the reference numbers. For a stolen phone, report on the CEIR portal (ceir.gov.in) with the FIR copy.
• Get a medical examination done if you were hurt; it supports charges under Section 309(6) or 311.
• Collect a free copy of the FIR, which the BNSS entitles you to.

Exam angle

• 392 IPC = 309(4); 395 IPC = 310(2); 397 = 311; 401 = 313.
• Section 310(3): “not less than ten years” replaced “may extend to ten years”. A favourite change question.
• Highway robbery between sunset and sunrise: up to 14 years under Section 309(4).
• Robbery is triable by a Magistrate of the first class; dacoity by the Court of Session.
• Raj Kumar (2008): fewer than five can be convicted only if the court finds five or more participated.

Frequently asked questions

What is the new section for 392 IPC?

Section 392 IPC is now Section 309(4) BNS. It punishes robbery with rigorous imprisonment up to ten years and fine, extendable to fourteen years for highway robbery at night.

What is the new section for 395 IPC?

Section 395 IPC is now Section 310(2) BNS, with life imprisonment or rigorous imprisonment up to ten years and fine.

Is robbery bailable under BNS?

No. Robbery under Section 309 and dacoity under Section 310 are cognizable and non-bailable, so bail is at the court’s discretion.

What is the new section for 397 IPC?

Section 397 IPC is now Section 311 BNS, which prescribes a minimum of seven years when the offender uses a deadly weapon, causes grievous hurt, or attempts death or grievous hurt during robbery or dacoity.

How many people are needed for dacoity?

Five or more persons, counting those who commit or attempt the robbery and those present and aiding it.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 309 to 313 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule
• Raj Kumar alias Raju v. State of Uttaranchal (2008) 11 SCC 709
• Phool Kumar v. Delhi Administration (1975) 1 SCC 797; Ashfaq v. State (NCT of Delhi) (2004) 3 SCC 116

This page is for education and general information, not legal advice for a specific case.