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.
Legal Evolution
Section 392 prescribes punishment for robbery, with enhanced penalties when the offence is committed on a highway between sunset and sunrise. The ten-year maximum for basic robbery and fourteen years for highway robbery at night reflects the gravity of the offence and its historical association with organized criminal gangs preying on travellers. The highway enhancement is one of the few provisions in the IPC that explicitly varies punishment based on location and time of day.
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.
Section 390: robbery = theft + force or threat. When a thief uses or threatens force to commit theft, while carrying away stolen goods, or to overcome resistance — theft becomes robbery. The force or threat transforms theft into robbery — a much more serious offence (10 years vs 3 years).
Section 392 (robbery): up to 10 years; 14 years if on highway between sunset and sunrise. Section 394 (robbery with hurt): life or up to 10 years. Section 395 (dacoity — 5+ persons): life or up to 10 years. Section 396 (dacoity with murder): death or life. Section 397 (robbery/dacoity with deadly weapon): minimum 7 years.
Dacoity (Section 391) is robbery committed by 5 or more persons acting together. 1–4 persons = robbery (Section 392); 5 or more persons = dacoity (Section 395). Persons who join the dacoity even without directly participating in the robbery are liable under Section 395.
IPC 392 (robbery) → BNS 309(1). Note: BNS renumbering in this chapter differs from IPC. BNS 310 = robbery on highway/night; BNS 311 = dacoity; BNS 312 = dacoity with murder. Practitioners must verify section numbers carefully — the BNS numbering is not intuitive here.
IPC does not have a separate 'snatching' provision. If it involves force or threat: robbery under Section 392; if a quick grab without confrontation: courts have sometimes classified it as theft under Section 379. Several states (Delhi, Maharashtra, U.P.) have added specific anti-snatching provisions in local police acts.