Describe Section 309 Under BNS

In common parlance, the phrases “robbery,” “theft,” and even “extortion” appear to be extremely similar, often even used interchangeably. However, these concepts are unique and have been very clearly established as distinct crimes in the legal sense and within the scope of the Bhartiya Nyaya Sanhita. Section 309 of the BNS outlines the distinction between them.

Robbery: About

Robbery is characterized as criminal conduct that includes stealing or extortion, along with a few other components.
It entails using force, threats of force, or unjustified restraint to force someone to give up their possessions. According to BNS, robbery is a crime against property.

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Robbery under Section 309 under BNS: Essential Ingredients

Section 309 of the BNS states that stealing or extortion are the two main components of all robberies. According to Black’s Law Dictionary, robbery is the unlawful act of seizing someone else’s personal property without their will and robbing the owner of it permanently by using force and fear.

When someone deliberately causes or attempts to purposefully induce bodily damage, unlawful restraint, or death while knowing what they are doing and how to accomplish it, they are making the victim believe that they will immediately suffer harm, pass away, or be wrongfully restrained.
If the perpetrator exhibits any of the previously listed behaviours when robbing, trying to rob while carrying stolen items, or trying to move stolen property.
Then, “robbery” is used to describe stealing.

ALSO READ: How Does Section 308 Bns Protect Victims Of Blackmail And Threats?

When Theft is “robbery”?

When stealing, carrying away the stolen property, or attempting to do so, the offender intentionally causes or attempts to cause death, wrongful restraint, hurt, or instills fear of immediate death, immediate wrongful restraint, or immediate hurt to any person. This is when theft is considered robbery.
For example: Person A has committed theft if they violently restrain Person B and remove their money from their clothing without B’s permission. But since A also put B in an improper state of confinement while stealing, that makes it a robbery.

When Extortion is “robbery”?

When an individual causes fear in another person and gains something valuable by instilling fear of death or immediate wrongful restraint in that person or another, it is considered robbery. They then force the terrified party to give over the stolen object right away.
For example: When Person A and Person B cross paths, B’s child is there. A grabs the child and demands that B give up their pocketbook, threatening to hurt the youngster. B gives up and surrenders the purse out of concern for the child’s security. In this instance, A coerced the child into believing that they would suffer immediate danger in order to get the pocketbook. As such, what A is doing is robbery.

Section 309, BNS Punishment

Section 309 of the BNS states that the penalty for robbery is specified.
According to this section, anyone convicted guilty of robbery faces a maximum ten-year jail sentence in addition to the potential for fines.
A cognizable offense that is not subject to bail is robbery.