Theft, Extortion, Robbery and Dacoity Compared

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), theft (Section 303) is taking movable property out of someone's possession without consent, while extortion (Section 308) is making a person hand over property by putting them in fear of injury. Robbery (Section 309) is theft or extortion made worse by instant violence or the fear of instant violence, and dacoity (Section 310) is robbery committed or attempted by five or more persons acting together. Each offence builds on the one before it, which is why examiners love to set them side by side.

This explainer is for B.A. LL.B. and LL.B. students preparing for criminal law papers, and for anyone who has had a phone taken, a threatening call or a bag grabbed and wants to know what the law calls it. The BNS replaced the Indian Penal Code from 1 July 2024, so the old IPC numbers (378 to 402) now matter only as pointers to older judgments and textbooks.

What is theft under Section 303?

Section 303 punishes whoever, intending to take any movable property dishonestly out of another person's possession without consent, moves that property in order to such taking. Break it into five ingredients and you have the skeleton of every exam answer:

1. Dishonest intention to take.
2. Movable property.
3. Taken out of the possession of another person.
4. Without that person's consent.
5. Moving the property in order to such taking.

The offence is complete the moment the property is moved. The illustrations show the limits: cutting down a tree on another person's land with dishonest intent becomes theft once the tree is severed, but taking back your own watch from a jeweller by force, without dishonest intent, is not theft.

The punishment is imprisonment up to three years, or fine, or both, for a first conviction. On a second or later conviction it is rigorous imprisonment of at least one year and up to five years, with fine. There is also a new proviso: where the property is worth less than ₹5,000 and the person is convicted for the first time, the court may order community service once the value is returned or the property restored. Theft in a dwelling house, means of transportation or place of worship is dealt with separately in Section 305.

What is extortion under Section 308?

Extortion has no secret taking. The victim hands the property over, but only because the accused intentionally put them in fear of injury and dishonestly induced the delivery. The thing delivered can be property, a valuable security, or anything signed or sealed that can be converted into a valuable security.

Imagine a shopkeeper in Nagercoil who receives a message saying his son will be harmed unless he transfers money. The BNS illustration on this point specifically covers a threat sent by electronic message. If he pays, that is extortion. Section 308 then grades the punishment:

• Extortion: up to seven years, or fine, or both (Section 308(2)).
• Putting a person in fear of injury in order to extort: up to two years, or fine, or both (Section 308(3)).
• Fear of death or grievous hurt: up to seven years and fine for the attempt (Section 308(4)) and up to ten years and fine for the completed offence (Section 308(5)).
• Fear of an accusation of a serious offence: up to ten years and fine (Sections 308(6) and 308(7)).

When does theft or extortion become robbery?

Section 309 begins with a simple rule: in all robbery there is either theft or extortion. The difference lies in the word "instant".

• Theft becomes robbery when, to commit the theft or while carrying away the property, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint.
• Extortion becomes robbery when the offender is present, close enough to put the victim in fear of instant death, hurt or wrongful restraint, and by that fear induces the victim to hand over the property then and there.

The illustrations make this concrete. Holding someone down and taking their purse is robbery. Showing a pistol on the road and demanding a purse is robbery. Threatening a child's life from a distance, where there is no fear of instant death, is extortion but not robbery.

Robbery carries rigorous imprisonment up to ten years and fine, rising to fourteen years if committed on a highway between sunset and sunrise (Section 309(4)). An attempt carries up to seven years (Section 309(5)). Voluntarily causing hurt during robbery or an attempt can attract life imprisonment or rigorous imprisonment up to ten years for the offender and everyone jointly concerned (Section 309(6)).

What turns robbery into dacoity?

Numbers. Under Section 310(1), when five or more persons conjointly commit or attempt robbery, every one of them commits dacoity. People who are present and aiding also count towards the five. The punishment is life imprisonment or rigorous imprisonment up to ten years, with fine (Section 310(2)). If any one of the group commits murder during the dacoity, every member faces death, life imprisonment or rigorous imprisonment of at least ten years (Section 310(3)).

Section 310 also reaches earlier stages: preparing to commit dacoity (up to ten years), being one of five or more assembled for dacoity (up to seven years) and belonging to a gang habitually committing dacoity (life or up to ten years). Sections 311 and 312 add a minimum of seven years where a deadly weapon is used, grievous hurt is caused or death or grievous hurt is attempted, and for an attempt made while armed with a deadly weapon.

Where does snatching fit?

Section 304 is new; there was no IPC equivalent. It covers theft where the offender suddenly, quickly or forcibly seizes or grabs movable property from a person, such as a chain pulled from a commuter's neck at a Madurai bus stop. The punishment is up to three years and fine. If the snatcher also causes hurt or fear of instant hurt, students should test whether the facts now amount to robbery.

How should you write this comparison in an exam?

1. Start with the ladder: theft, extortion, robbery, dacoity, with the BNS section for each and the old IPC number in brackets.
2. State the ingredients of theft and extortion, then contrast them: consent is absent in theft, but present though vitiated by fear in extortion; theft needs movable property, extortion can cover a valuable security.
3. Explain the two routes into robbery using the word "instant", and quote one illustration for each.
4. Add the five-person rule for dacoity and the joint liability for murder in Section 310(3).
5. Close with a short table of punishments and a line on snatching and the community service proviso, since these are the BNS changes examiners look for.

For leading judgments, rely on the cases prescribed in your syllabus and cite them as decided under the corresponding IPC sections. Check each case name and year against your casebook or the court's own website before you use it.

Sources

• The Bharatiya Nyaya Sanhita, 2023 (Gazette text, PRS Legislative Research): the full Act as published.
• BNS Chapter XVII, Of Offences Against Property (devgan.in): section-wise text of Sections 303 to 312 with illustrations.
• Tripura Police, BNS and IPC comparison table: maps each BNS section to its IPC predecessor.
• Uttar Pradesh Police, BNS and IPC comparative: a second official correspondence table.