IPC Section 356: 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.

IPC Section 356: Simplified Explanation

IPC Section 356 of the Indian Penal Code deals with the offence of “assault or criminal force in an attempt to commit theft of property carried by a person.” This section is invoked when an individual uses assault or criminal force against another person with the intent to steal any property that the other person is carrying. The key aspect of this section is the combination of assault or criminal force with the intention of theft. 

Key elements of this section include: 

  • Assault or Criminal Force: The individual must commit an act of assault (as defined under IPC Section 351) or use criminal force (as defined under IPC Section 350) against another person. 
  • Intent to Commit Theft: The act must be carried out to commit theft of property that the victim is carrying. 

Is IPC Section 356 Bailable? 

Yes, IPC Section 356 is a bailable offence. This means that an individual charged under this section can obtain bail from the police station or through the court, depending on the specifics of the case and the authorities’ discretion. 

IPC Section 356 Punishment 

The Punishment under IPC Section 356 for assault or criminal force in an attempt to commit theft of property carried by a person includes: 

  • Imprisonment for a term that may extend to two years, 
  • or with a fine, 
  • Or with both. 

The Punishment reflects the serious nature of combining assault or criminal force with the intent to commit theft. 

Example of IPC Section 356 

A real-life example of IPC Section 356 involved a thief attempting to snatch a woman’s handbag while walking down the street. The thief used force to try to grab the bag, causing the woman to fall and suffer minor injuries. The police apprehended the thief, who was charged under IPC Section 356 for using criminal force in an attempt to commit theft of property carried by a person. The court found the thief guilty and sentenced him to imprisonment and a fine. This case highlighted the legal consequences of using force to commit theft and the protections available to victims of such offences. 

In another instance, a man pushed a pedestrian and attempted to steal his wallet. The use of force in conjunction with the intent to steal led to the man’s arrest and charges under IPC Section 356. The case underscored the seriousness with which the law treats attempts to commit theft involving assault or criminal force and the legal repercussions for offenders.

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