BNS Section 134 – Assault or criminal force in attempt to commit theft of property carried by a person

IPC Section – 356

Cognizable offence
punishable with imprisonment for two years, or fine, or
both

Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a Person

1. What is the Offence?

This law addresses situations where a person uses assault or criminal force to commit or attempt to commit theft of property that is either worn or carried by another person.

• The offence specifically targets theft attempts involving personal items that the victim has on them at the time of the assault.

2. Key Elements of the Offence

• Use of Assault or Criminal Force:
  The perpetrator must use either:
  1. Assault: Actions that cause the victim to fear imminent harmful contact.
  2. Criminal Force: Intentionally using physical force without the victim’s consent to cause harm, fear, or annoyance.
• Property Worn or Carried:
  The offence applies only to property that the victim is wearing (e.g., jewelry, clothing) or carrying (e.g., bag, wallet, phone) at the time of the theft attempt.
• Attempt to Commit Theft:
  The crime is committed even if the theft is not successful. An attempt to steal, combined with the use of force or assault, is sufficient to invoke the law.

3. Punishment

• Imprisonment: Up to 2 years, or
• Fine: A monetary penalty may be imposed, or
• Both imprisonment and fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Bailable: The accused can claim bail as a right.
• Court: The case will be tried by any Magistrate.

5. Purpose of the Law

• The law aims to protect individuals from violent theft attempts involving property they are wearing or carrying.
• It emphasizes the seriousness of using force or assault to commit theft, even if the theft is unsuccessful.

Summary of the Offence