Bharatiya Nyaya Sanhita 2023
Section 307 :
Theft after preparation made for causing death, hurt or restraint in order to the committing of theft :
(See section 382 of IPC 1860)
Section : 307
Classification of Offence:
Offence : Theft after preparation made for causing death, hurt or restraint in order to the committing of theft.
Punishment : Rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable.
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable : Magistrate of the first class.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 382 :
Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft:
(See section 307 of BNS 2023)
Classification of Offence:
Offence: Theft, after preparation having been made for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it.
Punishment :Rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable : Non-bailable.
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable :Magistrate of the first class.
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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.