Sections 392 to 395 of the Indian Penal Code, 1860, which prescribed punishments for robbery and dacoity, have been replaced by Sections 309 to 312 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The BNS consolidates the formerly scattered IPC provisions on robbery (Sections 390, 392-394) into a single Section 309 and dacoity (Sections 391, 395-398) into Sections 310-312. The core legal distinction — that dacoity requires five or more persons — is retained, and substantive punishment levels remain largely unchanged.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 390 (definition), 392 (punishment for robbery), 393 (attempt), 394 (voluntarily causing hurt in robbery), 395 (punishment for dacoity) | 309 (robbery consolidated), 310 (dacoity consolidated), 311 (robbery/dacoity with death/grievous hurt), 312 (attempt when armed) |
| Title | Robbery and dacoity — separate provisions | Robbery and dacoity — consolidated structure |
| Change type | Modified — structural consolidation, definitions and punishment merged |
Full statutory text
Section 392 IPC — Punishment for robbery (repealed w.e.f. 1 July 2024)
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.
Section 395 IPC — Punishment for dacoity (repealed w.e.f. 1 July 2024)
Whoever commits dacoity 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.
Section 309 BNS — Robbery
Section 309 consolidates the definition of robbery (formerly Section 390 IPC) with its punishment (formerly Section 392 IPC), attempted robbery (formerly Section 393), and voluntarily causing hurt in committing robbery (formerly Section 394). The punishment for robbery remains rigorous imprisonment for a term which may extend to ten years, plus fine. Robbery on a highway between sunset and sunrise continues to carry enhanced punishment up to fourteen years.
Section 310 BNS — Dacoity
Section 310 consolidates the definition of dacoity (formerly Section 391 IPC) with its punishment (formerly Section 395 IPC). When five or more persons conjointly commit or attempt to commit a robbery, every person so committing, attempting, or aiding such commission or attempt is said to commit dacoity. The punishment remains imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, plus fine. Dacoity with murder (formerly Section 396 IPC) is incorporated within Section 310(3).
Section 311 BNS — Robbery or dacoity with attempt to cause death or grievous hurt
If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment shall not be less than seven years. [Corresponds to Section 397 IPC]
Section 312 BNS — Attempt to commit robbery or dacoity when armed
If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment shall not be less than seven years. [Corresponds to Section 398 IPC]
Key differences
Structural consolidation: The IPC spread robbery and dacoity across approximately ten sections (390-399). The BNS condenses these into four sections (309-312), merging definitions with their corresponding punishment provisions.
Merger of definition and punishment: Under the IPC, the definition of robbery (Section 390) and its punishment (Section 392) were in separate sections. BNS Section 309 combines both. Similarly, the definition of dacoity (Section 391) and its punishment (Section 395) are merged in BNS Section 310.
Punishment levels retained: The substantive punishment for simple robbery (up to 10 years rigorous imprisonment), highway robbery between sunset and sunrise (up to 14 years), and dacoity (life imprisonment or up to 10 years) remains unchanged from the IPC.
Aggravated forms consolidated: Sections 311 and 312 BNS correspond to IPC Sections 397 and 398, retaining the mandatory minimum of seven years for robbery or dacoity involving deadly weapons, grievous hurt, or attempted death.
Five-person threshold for dacoity retained: The fundamental distinction between robbery and dacoity — that dacoity requires five or more persons — continues unchanged under BNS Section 310. Dacoity remains the only property offence in Indian criminal law that is punished at all four stages: intention, preparation, attempt, and commission.
What this means for practitioners
For drafting and citations: FIRs and charge sheets for robbery committed on or after 1 July 2024 must cite BNS Section 309, not IPC Section 392. For dacoity, cite BNS Section 310 instead of IPC Section 395. Where aggravating circumstances exist — use of deadly weapons, grievous hurt, or attempt to cause death — add Section 311 BNS. For armed attempts, cite Section 312 BNS.
For pending cases: Offences committed before 1 July 2024 continue under IPC Sections 392-398. The transitional provisions under Section 531 BNSS preserve the old law for pre-commencement offences.
For new cases: The consolidation does not change the substantive law but does require practitioners to identify the correct sub-section within Sections 309 and 310. Where the IPC approach was to cite a specific standalone section (e.g., Section 394 for causing hurt during robbery), the BNS approach requires citing the relevant sub-section of Section 309.
For bail applications: The minimum mandatory sentences of seven years under Sections 311 and 312 BNS (carried forward from IPC Sections 397-398) continue to restrict bail eligibility under Section 479 BNSS. Defence counsel should note that these mandatory minimums apply only where deadly weapons are used or grievous hurt is caused during robbery or dacoity.
Does old case law still apply?
The jurisprudence on robbery and dacoity developed under IPC Sections 390-399 remains fully applicable to BNS Sections 309-312, as the core definitions and punishment structures are retained.
Thakur v. State of MP AIR 1954 SC 20 — The Supreme Court held that theft becomes robbery when force or show of force is used to commit the theft, attempt escape, or retain stolen property. This foundational distinction between theft and robbery continues under BNS Section 309.
Bhagirath v. State of MP (1975) 4 SCC 510 — The Court clarified that for dacoity, it is not necessary that all five persons must have actually committed the robbery. If five or more persons conjointly attempt or aid in the commission, the offence is made out. This interpretation remains applicable to BNS Section 310.
Judicial interpretation under BNS 309-312 (post-July 2024)
No post-July 2024 Supreme Court or Delhi High Court cases directly citing BNS Sections 309-312 (robbery and dacoity) were found in the Veritect database. The available cases continue to apply IPC Sections 392-398 because the underlying offences pre-dated 1 July 2024.
Emerging patterns
Based on the statutory framework and available case law, the initial approach suggests:
- Transitional cases dominate: Delhi HC bail applications involving robbery continue to be adjudicated under IPC provisions. The earliest BNS robbery prosecutions are expected to reach higher courts by mid-2025, given the typical lag between FIR registration, chargesheet filing, and bail/appeal proceedings.
- Snatching-robbery boundary untested: The introduction of BNS Section 304 (snatching) creates a new lower threshold below robbery. Courts will need to determine when a "sudden seizure with intent to cause fear" (snatching, 3 years maximum) escalates into robbery under Section 309 (10 years maximum). This boundary litigation has not yet surfaced.
- Mandatory minimums under Sections 311-312 continue to restrict bail: The seven-year mandatory minimum for armed robbery and dacoity, carried forward from IPC Sections 397-398, remains a significant factor in bail decisions under BNSS Section 479.
Frequently asked questions
What is the BNS equivalent of Section 392 IPC? Section 309 of the Bharatiya Nyaya Sanhita, 2023, consolidates the definition and punishment of robbery, replacing IPC Sections 390, 392, 393, and 394. The maximum punishment of ten years rigorous imprisonment for simple robbery remains unchanged.
What is the difference between robbery and dacoity under BNS? Robbery under Section 309 BNS involves theft or extortion by one or more persons using force or fear. Dacoity under Section 310 BNS arises when five or more persons conjointly commit or attempt to commit robbery. The punishment for dacoity (life imprisonment or up to 10 years) is more severe than simple robbery (up to 10 years).
Has the punishment for dacoity changed in BNS? No. The punishment for dacoity under BNS Section 310 — imprisonment for life or rigorous imprisonment up to ten years, plus fine — is identical to what was prescribed under IPC Section 395.
What is the minimum sentence for armed robbery under BNS? Under Section 311 BNS, if robbery or dacoity is committed using a deadly weapon, or involves grievous hurt or attempt to cause death, the minimum imprisonment is seven years. This carries forward the mandatory minimum from IPC Section 397.