Section Overview
Section Number:
IPC Section 393
Section Title:
Attempt to Commit Robbery
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with substantially similar provisions concerning attempted robbery.
Applicability:
IPC Section 393 applies when:
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A person attempts to commit robbery;
-
The offence is not completed;
-
The accused performs acts directly connected with robbery;
-
Criminal intention and overt acts are established.
👉 Actual robbery need not occur for Section 393 to apply.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 393 ka simple matlab hai ki agar koi person robbery karne ki koshish karta hai lekin robbery successful nahi hoti, tab bhi woh punish ho sakta hai.
Simple words mein:
"Robbery ki koshish karna bhi crime hai, chahe paisa ya property na mili ho."
Legal Meaning
For Section 393:
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There must be intention to commit robbery;
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The accused must take a direct step towards committing robbery;
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Mere preparation is not enough;
-
The robbery need not be completed.
Difference Between Preparation and Attempt
Preparation
Planning robbery.
Example:
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Buying weapons;
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Conducting surveillance.
Generally not punishable.
Attempt
Direct action toward robbery.
Example:
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Pointing a weapon at a victim and demanding money;
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Trying to snatch property using force.
Punishable under Section 393.
Why Is Attempt Punished?
Robbery is a violent offence.
Even if unsuccessful:
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Victims are exposed to danger;
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Public safety is threatened;
-
Criminal intent is demonstrated.
The law therefore punishes the attempt itself.
Punishment & Legal Classification
Punishment
IPC Section 393 provides:
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Rigorous imprisonment up to 7 years; AND
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Fine.
This punishment reflects the seriousness of attempted robbery.
Bailable / Non-Bailable
❌ Non-Bailable
Cognizable / Non-Cognizable
✔ Cognizable
Compoundable
❌ Non-Compoundable
Triable By
Magistrate of First Class
IPC ↔ BNS Mapping
IPC Section
IPC Section 393
BNS Equivalent
The Bharatiya Nyaya Sanhita retains provisions relating to:
-
Attempted robbery;
-
Violent property offences;
-
Criminal attempts involving force and intimidation.
Status
Concept retained under BNS.
Real-Life Examples
Example 1: Failed Street Robbery
An offender threatens a pedestrian with a knife but is caught before obtaining property.
IPC Section 393 applies.
Example 2: Attempted Chain Snatching
A person uses force to snatch a chain but fails.
This may attract Section 393.
Example 3: Bank Robbery Attempt
Armed individuals attempt to rob a bank but are stopped before taking money.
Section 393 applies.
Example 4: Threat Without Success
An accused threatens immediate violence and demands money, but the victim escapes.
Attempted robbery may be established.
Landmark Judgments
Case Name:
Abhayanand Mishra v. State of Bihar
Court:
Supreme Court of India
Key Takeaway:
An attempt begins when acts move beyond preparation and directly relate to commission of the offence.
Case Name:
State of Maharashtra v. Mohd. Yakub
Court:
Supreme Court of India
Key Takeaway:
The distinction between preparation and attempt is crucial in criminal law.
Case Name:
Malkiat Singh v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
Attempt requires an overt act sufficiently connected with the intended offence.
Legal Insights
When Is Section 393 Applied?
Section 393 is invoked when:
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Robbery is intended;
-
Direct steps are taken;
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The offence remains incomplete;
-
Force or intimidation is involved.
Common Misuse Scenarios
Mere Preparation
Planning alone does not amount to attempt.
Lack of Robbery Intention
The prosecution must establish intention to commit robbery.
No Overt Act
Without a direct act, Section 393 may not apply.
Mistaken Identity
Attempted robbery cases often involve identification disputes.
Defenses Available
No Attempt Occurred
Only preparation was made.
No Intention to Commit Robbery
The accused lacked the required mens rea.
Lack of Evidence
The prosecution cannot prove overt acts.
False Implication
The accused was wrongly implicated.