BNS Section 307 – Theft after preparation made for causing death, hurt or restraint in order to the committing of theft

Amit Kapoor04 mins

The Indian Penal Code (IPC) Section – 382

Bharatiya Nyaya Sanhita (BNS) Section 307: Theft After Preparation for Causing Death, Hurt, or Restraint

This section deals with theft committed after making preparations to cause death, hurt, or restraint to any person. Such theft is considered extremely serious and carries severe punishments. Below is a simple explanation of the law in easy-to-understand language:

What is the Offence?

If a person commits theft and has made preparations to:

  1. Cause death, hurt, or restraint to someone, or
  2. Create fear of death, hurt, or restraint in someone’s mind,
    • To commit the theft,
    • To escape after the theft, or
    • To keep the stolen property,
      it is a crime under this section.

Key Points to Understand

  1. Preparation for Violence:
    • The thief must have made preparations to harm or threaten someone during the theft.
    • This includes carrying weapons, having accomplices, or planning to use force.
  2. Purpose of Preparation:
    • The preparation is made to:
      • Commit the theft,
      • Escape after the theft, or
      • Keep the stolen property.
  3. Examples of Preparation:
    • Carrying a weapon like a knife or gun to threaten or harm someone.
    • Having accomplices to restrain or hurt anyone who tries to stop the theft.

Examples

  1. Example 1:
    • A commits theft from Z’s house. While stealing, A carries a loaded pistol to hurt Z if Z resists. This is an offence under this section.
  2. Example 2:
    • A picks Z’s pocket in a crowded place. A has posted his friends nearby to restrain Z if Z tries to catch A. This is an offence under this section.

What is the Punishment?

The punishment for such theft is:

  • Rigorous imprisonment (strict jail) for up to 10 years, and
  • Fine.

Other Important Details

AspectDetails
Cognizable or Non-cognizableCognizable – Police can arrest without a warrant.
Bailable or Non-bailableNon-bailable – The accused cannot easily get bail.
Court for TrialMagistrate of the First Class – The case is tried by a higher-level Magistrate.

Why is this Law Important?

This law is important because:

  • It deals with thefts that involve violence or the threat of violence, which are more dangerous.
  • It ensures that thieves who plan to harm or threaten others face severe punishment.
  • It protects people from violent crimes during thefts.

Summary

The Bharatiya Nyaya Sanhita (BNS) Section 307 makes it a serious crime to commit theft after preparing to cause death, hurt, or restraint to anyone. The punishment includes up to 10 years of rigorous imprisonment and a fine. The law recognizes the danger posed by such thefts and ensures strict consequences for those who plan to use violence during theft.

Related News