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’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.
- 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.
Understanding the Section
Section 307 of the Bharatiya Nyaya Sanhita (BNS), 2023, applies in situations of theft after dangerous preparations for causing death, hurt, or restraint. This conduct is considered a more serious type of theft, in part, because the offender prepares and is willing to be violent and threaten violence either during or after the theft.
Basic Definition
Section 307 states: Whoever commits the crime of theft and who for the purpose of committing the theft, during the theft, escaping from the theft, or retaining the stolen property, prepared the means of causing death, hurt, or restraint, or fear of death, hurt, or restraint to any person, and even attempted, is to receive a rigorous sentence of 10 years, and a fine.
In simpler terms, if a person committed theft or attempted theft and had prepared to use or threatened to use violent acts during the theft, while escaping, or to keep the stolen property, the person violates this section.
Essential Elements
For this provision to apply, the following elements must be present:
- Theft is committed – The offender must actually have stolen something
- Preparation to inflict injury or restraint – Before or during the theft, the offender must have taken steps in some form to prepare to inflict injury, such as by carrying a weapon, assisting accomplices, or planning to use injury if necessary
- Purpose of preparation – The preparation must be for one of these:
- Escape after committing a theft
- Keeping (retaining) stolen property
- Fear or threat must be possible – Even if actual injury is not inflicted, preparations, if completed, can create a fear of injury
Punishment
The punishment for this offence is:
- Rigorous imprisonment for up to 10 years; and
- Fine.
This is harsher than simple theft due to the accused showing a readiness for violence, and therefore, the actual act was much more harmful to the public.
Examples
- A commits theft of property belonging to Z. In doing so, A has a loaded pistol concealed in his clothing that he intends to use if Z resists. A has committed theft after having made preparation to cause hurt or death. Section 307 applies.
- A commits a pickpocket theft of Z’s money but has arranged for several friends to restrain Z if Z notices or pursues A. This is a theft after preparation for restraint. Section 307 applies.
These examples illustrate that actual violence is not necessary, since even preparation to use violence constitutes a more serious offence.
Important Points to Understand
- Intention is important: The offender has to have intentionally prepared to inflict violence or restraint.
- Timing is important: The preparation can be situated in time before, during, or after the theft (depending on how the getaway is planned).
- Injury is not necessary: The statute is satisfied if there is no injury. Simply having a weapon or arranging to restrain someone is sufficient.
- The higher punishment reflects the seriousness of the offence because thieves who prepare to use violence or restraint represent a greater danger to life and safety than someone who steals without preparation.