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Home / IPC ↔ BNS / IPC 392

IPC 392 vs BNS 309

Punishment for robbery

● Retained in BNS

Robbery is theft or extortion committed with force, fear, or the immediate threat of it. BNS Section 309 keeps the same punishment structure as IPC Section 392, including the enhanced sentence for highway robbery committed at night.

Indian Penal Code, 1860 · § 392

Section 392 IPC punished robbery with rigorous imprisonment up to 10 years and fine; if committed on a highway between sunset and sunrise, up to 14 years.

Bharatiya Nyaya Sanhita, 2023 · § 309

BNS Section 309(4) punishes robbery with rigorous imprisonment up to 10 years and fine; Section 309(5) retains the enhanced punishment (up to 14 years) for highway robbery between sunset and sunrise.

What changed?

Carried over substantially unchanged; renumbered from IPC 392 to BNS 309(4)–(5) with definition and punishment consolidated in one section.

Frequently asked questions

What is the punishment under IPC 392?

Rigorous imprisonment up to 10 years, and fine; up to 14 years if committed on a highway between sunset and sunrise..

Is IPC 392 bailable?

IPC 392 is non-bailable..

Is IPC 392 a cognizable offence?

This is a cognizable. offence.

Is IPC 392 compoundable?

Non-compoundable..

Which court tries a case under IPC 392?

Matters under IPC 392 are tried before the Magistrate of the First Class..

What defences are commonly raised under IPC 392?

Common defences include disputing the use or threat of force (which would reduce the charge to theft), absence of dishonest intention, and mistaken identity where the robbery occurred in poor visibility or a crowd.

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Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons

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