Question
According to Section 309(2) BNS, theft becomes robbery
if, in committing theft, the offender:Solution
This answer is based on Section 309(2) of the BNS (which corresponds to Section 390 of the old IPC). 1. The Statutory Provision (Section 309(2) BNS) The section defines when Theft escalates into Robbery . It states: "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." 2. The Key Differentiator: Violence or Fear Theft is primarily a crime against property involving "stealth" or taking without consent. It becomes Robbery only when the element of violence or immediate threat is added to facilitate the crime.
- The Act: The offender must either cause physical harm (death/hurt/restraint) OR create a fear of instant harm.
- The Timing: This violence/fear must be used:
- While committing the theft;
- While carrying away the stolen property; or
- In order to commit the theft.
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