What Is BNS Section 307?

Bharatiya Nyaya Sanhita 2023 - Section 307: Theft After Preparation Made for Causing Death, Hurt, or Restraint in Order to Commit Theft

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.

Brefe Detail

Section 307 of the BNS outlines the punishment for theft committed with prior preparations to cause death, hurt, or restraint. This includes the use of weapons or the involvement of accomplices to intimidate or prevent resistance from the victim. The section stipulates that offenders may face rigorous imprisonment for up to ten years, along with possible fines.

Question & Answers

• Q1: What is the punishment for committing theft after preparing to cause harm?
  A: The punishment can extend to rigorous imprisonment for a term of up to ten years and may include a fine.
• Q2: What actions constitute preparation for causing death or hurt under Section 307?
  A: Preparation can include having a weapon ready to harm the victim or using accomplices to restrain or intimidate the victim during the theft.
• Q3: Does the section apply to thefts committed without the intention to cause harm?
  A: No, Section 307 specifically addresses theft committed with preparations to cause death, hurt, or restraint.
• Q4: What are some examples of actions that fall under this section?
  A: Examples include carrying a loaded weapon during the theft or organizing others to assist in restraining the victim.

Example

• Example 1: A commits theft on property in Z’s possession; while doing so, he has a loaded pistol under his garment to harm Z if Z resists.
• Example 2: A picks Z’s pocket with several companions positioned nearby to restrain Z if he notices the theft.

Summary

Section 307 of the BNS addresses the serious crime of theft when it is coupled with preparations to inflict harm or restraint. This section is aimed at deterring thefts that involve threats of violence, thereby protecting individuals and their property. Offenders can face significant penalties, reflecting the severity of the crime.