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A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Which…

Section 309(2) of the Bharatiya Nyaya Sanhita, 2023 treats theft as robbery if the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or…

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A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Which offence accounts for both the restraint and the taking?

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Correct answer C

Section 309(2) of the Bharatiya Nyaya Sanhita, 2023 treats theft as robbery if the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint, to commit the theft or to carry away or attempt to carry away the property. Illustration (a) applies this rule to holding a person down in order to take their property.

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Option A

Incorrect. Although A commits theft of Z's money and jewels, A also voluntarily causes wrongful restraint to Z in order to commit that theft, which elevates the offence from simple theft to robbery under Section 309(2) of the BNS, 2023 (formerly Section 390 IPC).

Option B

Incorrect. Z was not induced by fear of injury to deliver the property; rather, A took the property without Z's consent while holding Z down, which is theft aggravated into robbery.

Option C

Correct. Under Section 309(2) and Illustration (a) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 390 Illustration (a) of the IPC, 1860), theft is robbery if, in order to the committing of the theft, or in committing the theft, the offender for that end voluntarily causes or attempts to cause death, hurt, or wrongful restraint. Holding Z down is wrongful restraint caused in order to commit theft, making A guilty of robbery.

Option D

Section 310(1) requires five or more participants, counting those who commit or attempt the robbery together and those present and aiding them. A acts alone here.

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