Bharatiya Nyaya Sanhita, 2023
309. (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.
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.
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 fling 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.
(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.
Dacoity.