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.
Simplified Explanation
Section 307: Theft After Preparation Made for Causing Death, Hurt, or Restraint in Order to the Committing of Theft under the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses theft where the offender makes preparations to use violence or force (such as causing death, hurt, or restraint) to facilitate the theft, escape, or retention of stolen property.
Section 307: Theft After Preparation Made for Causing Death, Hurt, or Restraint
1. Scope of the Offense:
- This section applies to individuals who commit theft but make preparations to cause harm (e.g., death, hurt, or restraint) to any person in order to:
- Facilitate the commission of the theft (e.g., by intimidating or overpowering the victim),
- Escape after committing the theft, or
- Retain the property taken by theft.
- The section extends to situations where a person may have made a deliberate preparation (like carrying a weapon or enlisting help) to inflict harm on others to ensure the successful completion of the theft or to avoid apprehension.
2. Punishment:
- The offender shall be punished with:
- Rigorous imprisonment for a term which may extend to ten years.
- The offender shall also be liable to fine.
3. Illustrations:
- Illustration (a): A commits theft of property in Z’s possession, and while doing so, A is carrying a loaded pistol under his garment, prepared to use it in case Z resists. In this case, A has committed theft with preparation for causing harm, as defined in this section.
- Illustration (b): A picks Z’s pocket but has several companions nearby to restrain Z if Z notices and tries to resist or apprehend A. Here, A’s actions demonstrate preparation for causing restraint in order to commit the theft.
Key Points:
- Preparation for violence: The section focuses on preparation made by the thief to cause harm (either death, hurt, or restraint) to facilitate the theft.
- Severity of the punishment: The punishment is severe, with rigorous imprisonment for up to ten years and a fine, reflecting the seriousness of using violence or threats to enable theft.
- Broad application: The section covers a range of preparatory actions, such as carrying weapons or recruiting accomplices to subdue the victim or ensure the escape.
Conclusion:
Section 307 of the Bhartiya Nyaya Sanhita aims to deter the use of force or intimidation in the commission of theft. It imposes strict penalties on individuals who go beyond the act of stealing and prepare to harm or restrain others in order to complete their criminal objective or evade capture. The section highlights the dangerous nature of such offenses and ensures serious consequences for those who employ violence in the commission of theft.
