Indian Penal Code 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.
State Amendment :
Tripura :
After the section 382 of the Indian Penal Code, the following new sections will be inserted: —
382A. Snatching:
Whoever commits theft stealthily from a person or through assault or by using criminal force and thereby causes hurt or endangers the life of that person is said to commit the offence of Snatching.
382B. Whoever commits Snatching shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both.
382C. Vehicle lifting: Whoever commits theft of a vehicle either from open or close arena, is said to commit the offence of vehicle lifting.
Note:– The term Vehicle shall have the same meaning as defined in sub-section 28 of section 2 of Motor Vehicles Act 1988:,
382D. Whoever commits the offence of vehicle lifting shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both.
382E. Cattle lifting: Whoever commits theft of a Cattle either from open or close arena, is said to commit the offence of Cattle lifting.
Note:- For the purpose of this section, the term Cattle means a cow and a calf, whether male or female, bull, bullock, buffalo-male or female or calf of she-buffalo, whether male or female and an ox or oxen.
382F. Whoever commits the offence of Cattle lifting shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both.
[VideTripura Act 4 of 2019, sec. 2.]
