Subject

Theft

Robbery

Relevant Sections

Sec. 303, BNS

Sec. 309, BNS

Ingredients

→ Dishonest intention

→Moveable property

→Without Consent

→No force or fear

→Theft or Extortion

→Use of force or fear

→Immediate harm or threat

→Presence of Victim

Nature

Simple offence

Aggravated offence

Violence

No Violence

Violence Involved

Fear

No Fear

Fear of instant harm

Consent

Without Consent

Consent by fear

Presence of Victim

Not Necessary

Necessary

Use of Weapon

Not required

often used

Injury

No Injury

Injury may occur

Severity

Less Serious

More Serious

Punishment

Lesser Punishment

Higher Punishment

Mode

Secret Taking

Open + forceful

Intention

Dishonest Only

Dishonest + Coercive

Time Element

Anytime

Immediate Threat

Conversion

Theft remains theft

Theft becomes Robbery when force used.

Extortion Link

NO

YES (Robbery may include Extortion)

Fear Type

Absent

Instant Fear (Death/Hurt)

Resistance

No Resistance

Victim Resistance overcome

Example

Pickpocket

Snatching with knife

Legal Gravity

Lower

Higher

Public Safety

Less Impact

High Public Danger

Mens Rea

Dishonesty

Dishonesty + Violence Intent

Reference Case

Pyare Lal Bhargava v. State of Rajasthan

→ Temporary removal of property with dishonest intention = theft.

→ Even if property is returned later, offence is complete.

K.N. Mehta v. State of Rajasthan

→ Dishonest intention is essential element for theft.

Shiv Kumar v. State

→ Use of threat or force converts theft to robbery.

State of Maharashtra v. Joseph Mingel Koli

→Robbery involving violence is treated very seriously, especially when life is endangered.