BACK TO SECTIONSAIR 1975 SC 905
Non-BailableCognizable: CognizableMagistrate First Class
THE STATUTE
Original Text
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.
Simplified
Section 392 punishes robbery at 10 years RI, escalating to 14 years for highway robbery between sunset and sunrise. The highway robbery premium reflects the special vulnerability of isolated road travellers at night. Section 393 (attempt to commit robbery) and Section 394 (hurt in committing robbery) provide additional charging options for incomplete or violent robberies. Section 397 creates a mandatory 7-year minimum for armed robbery or robbery causing grievous hurt.
Landmark Precedents
Phool Kumar v. Delhi Administration (1975)
RELEVANCE
Section 397's 7-year mandatory minimum for armed robbery is not discretionary — courts cannot go below it.
Practical Scenarios
"A gang of 3 stopping a car at night and demanding valuables at knifepoint — Section 392."
"Five people robbing a truck on a highway at night — dacoity under Section 395 (more serious)."
Common Queries
Yes — robbery on a highway between sunset and sunrise carries 14 years instead of the standard 10 years.
IPC 392 → BNS 161, maintaining the same 10/14-year structure.