Robbery

Is BNS Section 309 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Sub-clause (4): imprisonment up to 10 years, and fine (up to 14 years for highway robbery between sunset and sunrise). Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Why are there multiple sub-clauses for robbery under BNS?

The BNS combined what were previously separate IPC sections (390 for definition, 392 for general punishment, plus related provisions) into a single section with sub-clauses, consolidating the structure without changing the underlying offence.

Is highway robbery still treated as an aggravated offence?

Yes — robbery committed on a highway between sunset and sunrise continues to carry an enhanced punishment of up to fourteen years, exactly as under the earlier IPC framework.

Does force alone qualify, or is a weapon required?

Force, the threat of instant force, or fear of instant harm is sufficient to constitute robbery — no weapon is required, consistent with how the offence was defined under the earlier IPC provisions.