Bharatiya Nyaya Sanhita, 2023
Section 134
Assault or criminal force in attempt to commit theft of property carried by a person
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.
Why this exists
This provision targets thefts that involve physical contact or force against the victim — such as snatching a chain, phone, or bag off a person's body — but stop short of being a full robbery. It recognizes that theft becomes more dangerous and traumatic when it involves touching, pushing, or scuffling with the victim, even if serious injury doesn't result. This carries forward the same idea from Section 356 of the old Indian Penal Code, 1860, into the new Bharatiya Nyaya Sanhita, 2023.
How courts read it
Under the earlier IPC provision, courts distinguished ordinary pickpocketing (simple theft, no force) from chain-snatching or bag-snatching cases involving a tug, push, or physical scuffle, which attracted this stricter provision. Courts have generally held that even a brief or moderate use of force — enough to overcome the victim's grip or resistance — is sufficient; grievous injury is not required for this section to apply.
Common misconceptions
- Myth: This only applies if the victim is badly injured.
Fact: Courts have read this section to apply even with minor force, such as a push or tug, as long as it's used while attempting the theft — serious injury isn't necessary. - Myth: This section is the same as robbery.
Fact: This section is narrower than robbery; it covers assault or force used specifically in attempting theft of something worn or carried, whereas robbery under other provisions typically involves theft with force causing fear of death, hurt, or wrongful restraint, or the actual commission of theft with such force.