BNS Section 307 — Theft after preparation made for causing death, hurt or restraint in order to committing of theft

Summary

This section deals with a specific kind of theft where the thief makes advance arrangements to use force or the threat of force. The punishment for this offence is rigorous imprisonment for up to ten years, along with a fine.

The offence is committed when a person commits theft after making preparation to cause death, hurt, or restraint to anyone. This preparation can be for the purpose of committing the theft itself, for escaping after the theft, or for keeping the property that was stolen. The preparation can involve causing actual death, hurt, or restraint, or simply creating fear of these things in another person.

Illustration (a): A commits theft on property in Z's possession. While committing the theft, A has a loaded pistol under his garment, which he provided for the purpose of hurting Z in case Z resists. A has committed the offence defined in this section.

Illustration (b): A picks Z's pocket, having posted several of his companions near him. The purpose of posting these companions is so that they may restrain Z if Z perceives what is happening and resists, or attempts to apprehend A. A has committed the offence defined in this section.

Official Text

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.

Referred to by

• BNSS §531 — Repeal and savings

Related Judgments

• Pankaj Bhagwan Chavan vs The State of Maharashtra & Ors — Bombay High Court (Mumbai Principal Seat) (2025)
• MOHD RIYAZ; Represented by:; Mr. M.L. Yadav, Advocate. vs THE STATE GOVT OF NCT OF DELHI — Delhi High Court (2018)
• VIKAS vs STATE — Delhi High Court (2018)
• HUSSAIN AHMED vs STATE (NCT) OF DELHI THROUGH, CHIEF SECRETARY — Delhi High Court (2025)

Old <-> New Code Mapping

• IPC §382 — Theft after preparation made for causing death, hurt or restraint in order to committing of theft