Definition
Theft or extortion accompanied by force or fear of instant death, hurt, or wrongful restraint.
Aggravated form of theft or extortion where the accused uses or threatens instant force — making it a more serious property offence.
Statutory Definition
BNS 2023, Section 309 (formerly IPC Section 390).
Etymology & Origin
From Old French 'roberie' (pillage, robbery — from 'rober', to rob) and Medieval Latin 'robare' (to rob, steal — of Germanic origin, from Frankish *raubōn, to plunder). 'Rob' in its Germanic origins meant to seize forcibly — robbery is the forcible taking of property, distinguishing it from the stealthy taking of theft.
Full Legal Analysis
Robbery is the aggravated form of theft or extortion that occurs when the accused uses or threatens force in the course of committing the offence. Section 309 BNS, 2023 (formerly Section 390 IPC) provides that in all robbery there is either theft or extortion. Robbery is theft when: (a) in order to commit theft, or (b) in committing theft, or (c) in carrying away or attempting to carry away property obtained by theft, the offender voluntarily causes or attempts to cause death or hurt or wrongful restraint to any person, or causes fear of instant death, instant hurt, or instant wrongful restraint. Robbery is extortion when: the offender puts the person in fear of instant injury and thereby induces the person to deliver property, and the extortionist is present when the person is put in fear and the property is delivered.
The essence of robbery: the conjunction of (1) theft or extortion and (2) the use of force or fear of instant force — both elements must be present, and the force element must be sufficiently contemporaneous with the taking of property. If the force occurs before or after the theft without a connection to the taking, there may be separate offences of hurt and theft, but not robbery. The force or fear of force must be related to the act of taking the property.
The Supreme Court examined the 'instantaneous conjunction' requirement in robbery — the force or fear of instant force must be causally connected to the theft, and the two must occur together or in immediate proximity. The Court held that where the accused first completed the theft and then used force to escape or to prevent the victim from pursuing them, the force was in the course of carrying away the stolen property, which satisfies the 'robbery' element under the third limb (carrying away property). The Court emphasised that robbery is not established merely by proving a theft plus a separate act of violence — the violence must be for the purpose of enabling the theft or carrying away the stolen property.
Dacoity distinguished from robbery: robbery becomes dacoity (Section 310 BNS, formerly Section 391 IPC) when five or more persons conjointly commit or attempt to commit robbery. A single person who commits robbery is guilty of robbery; five or more persons who commit it together are guilty of dacoity — which carries a minimum sentence of rigorous imprisonment for 7 years (up to life imprisonment). The numbers — five or more — are the dividing line between robbery and dacoity.
For advocates, robbery cases require: (1) establishing whether both the theft element and the force/fear element are present and connected; (2) timing of the force relative to the theft — was it before (to facilitate), during (in committing), or after (in carrying away)?; (3) challenging the number of assailants — if fewer than five are proved, the charge is robbery not dacoity; and (4) sentencing — robbery on the highway, road, or when armed carries heavier punishment under separate BNS provisions.
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"In all robbery there is either theft or extortion. 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."
Gurdit Singh: instantaneous conjunction of force and theft required; three limbs: before/during/carrying away; robbery vs dacoity — 5+ persons; armed robbery heavier punishment; road robbery 14 years
