BNS Section 307: Theft After Preparation Made For

Definition of BNS Section 307

Section 307 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

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.

Explanation and Illustration of Section 307

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of theft with preparation to injure. Let us break down the section to get a better understanding of it.

• Offence

  While general theft is covered under the provisions of Section 303, this section conditionally provides for theft carried out with the preparation to injure. In other words, when a person performs a theft with the intent to harm anyone who tries to stop him or get in his way, then he or she shall be considered offenders under the provisions of this section. The provisions have been demonstrated with two illustrations.
  < br> (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.
  < br> This illustration demonstrates A conducting theft with a loaded pistol. While a thief may argue that it was merely for self defence, the fact that theft in itself is an offence, there is no question of the concept of self defence arising, as self defence is applicable only in the course of lawful activities. Any kind of violence during the conduct of unlawful activities cannot be claimed as an act of self defence.
  < br> (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.
  < br> This illustration clearly demonstrates how A intimidates Z with the presence of other persons to restrain him. While there is no weapon or instrument involved, merely the idea of manhandling someone to execute the theft brings the act under the ambit of this section

• Punishment

  Any person found guilty of theft is also found to be amply prepared to intimidate, hurt, injure or kill any person in the course of his theft shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

• The above actions may not be an offence under this section if:

  • 1. The offender is forced or coerced into performing the offence.
  • 2. The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.