Bharatiya Nyaya Sanhita, 2023
Section 307
Theft after preparation made for causing death, hurt or restraint in order to committing
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. Of extortion
Why this exists
This provision targets thieves who go equipped or prepared to use violence or intimidation if things go wrong, treating this as significantly more dangerous than ordinary theft, even if that violence is never actually used, because the preparation itself creates serious risk to victims and bystanders.
Common misconceptions
- Myth: This section only applies if the thief actually injures someone during the theft.
Fact: The offence is complete based on the preparation to cause death, hurt, or restraint, even if no actual violence occurs during the theft or escape.