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 commits theft on property in Z’ 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.
- A picks Z’ 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.
IPC Section 382: Simplified Explanation
IPC Section 382 deals with a particularly severe form of theft where the offender has made preparations to cause death, hurt, or restraint to any person in order to facilitate the commission of the theft or to escape after committing the theft. This section addresses scenarios where the offender is prepared to use extreme measures, including violence, to either commit the theft or ensure their escape. The inclusion of preparations for such serious consequences elevates the severity of the offence considerably.
Is IPC Section 382 bailable?
IPC Section 382 is non-bailable. Given the potential for severe harm and the premeditated nature of the preparations involved, the offence is treated with high seriousness, and the accused must seek bail from a judge.
IPC Section 382 Punishment
The punishment under IPC Section 382 is imprisonment for a term that may extend to ten years and also includes a liability to a fine. This severe penalty reflects the dangerous intent and the potential for significant harm to victims involved in such cases.
Example of IPC Section 382
A real-life example of IPC Section 382 occurred when a group of individuals planned a robbery at a jewellery store. They carried weapons and had made clear preparations to use force against anyone who tried to intervene. During the robbery, they threatened the staff and a few customers with harm, demonstrating their readiness to cause hurt to facilitate their theft. The police apprehended them shortly after the incident, and due to their preparedness to cause harm and the actual threats made, they were charged under IPC Section 382. In court, they received sentences of eight years in prison each, reflecting the seriousness of their actions and the potential risk they posed to others.
