Section 307 · Theft after preparation made for causing death, hurt or restraint in order to committing of theft
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Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or
fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order
to the effecting of his escape after the committing of such theft, or in order to the retaining of property
taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.
Illustrations.
(a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.
Illustrations.
(a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.
The offence at a glance
- Punishment
- up to 10 years, fine (no stated ceiling)
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
Under the old law
BNS 307IPC 382
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.
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