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Section390
The Indian Penal Code, 1860

Robbery

Repealed From 01 Jan 1862 Act 45 of 1860 As on 15 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 390 of the Indian Penal Code, 1860 deals with robbery. In all robbery there is either theft or extortion. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

In all robbery there is either theft or extortion.

When theft is robbery.

When theft is robbery.--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.

When extortion is robbery.

When extortion is robbery.--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 filing 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.

Section 390, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 309 Robbery Text carried over almost unchanged 95%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Nazeema vs State of Kerala

    High Court 20 Dec 2023 Persuasive (Other High Court)

    Court's Decision & Legal Precedent

    For the offence of robbery under Section 390 IPC to be established, the prosecution must prove either theft or extortion as a constituent element, and must also prove that the offender caused or attempted to cause hurt, death, wrongful restraint, or fear thereof in the course of committing the theft or extortion. When an accused is acquitted of the constituent offences (theft and administering poison/causing hurt), the derivative offence of robbery cannot be established against the same accused based on the same evidence, as the essential ingredients required for robbery are not proven. Logical consistency requires that if the foundational elements of an offence are not established, the derivative offence built upon those elements cannot be sustained.

    On this section: Definition of robbery. The court held that robbery requires either theft or extortion, and causing or attempting to cause hurt, death, wrongful restraint, or fear thereof. Without proving these constituent elements, robbery cannot be established.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 390

What have the courts held on Section 390 of the Indian Penal Code?

Nazeema vs State of Kerala (20 Dec 2023) is the leading judgment on this section among those set out below: Definition of robbery. The court held that robbery requires either theft or extortion, and causing or attempting to cause hurt, death, wrongful restraint, or fear thereof. Without proving these constituent elements, robbery cannot be established.

How do I find court cases under Section 390 of the Indian Penal Code?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 390, section 390 IPC, section 390 of the Indian Penal Code. People searching for it also type ipc 390 in bns and ipc 390 vs 391. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nazeema vs State of Kerala (20 Dec 2023).

What should I read with Section 390 of the Indian Penal Code, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNS 309 (Robbery), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 390 of the Indian Penal Code come into force?

Section 390 of the Indian Penal Code, cited as IPC 390, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.