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Indian Penal Code, 1860 · Chapter XVII: Of Offences against Property · Of theft

Section 382: Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNS section 307 (Theft after preparation made for causing death, hurt or restraint in order to committing of 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

State amendments to this section

Tripura After the section 382 of the Indian Penal Code, the following new sections will be inserted:— “382A. Snatching: Whoever commits theft stealthily from a person or through assault or by using criminal force and thereby causes hurt or endangers the life of that person is said to commit the offence of ‘Snatching’. 382B. Whoever commits ‘Snatching’ shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both. 382C. Vehicle lifting: Whoever commits theft of a ‘vehicle’ either from open or close arena, is said to commit the offence of ‘vehicle lifting’. Note:—The term ‘Vehicle’ shall have the same meaning as defined in sub-section 28 of section 2 of Motor Vehicles Act 1988:, 382D. Whoever commits the offence of ‘vehicle lifting’ shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both”. 382E. Cattle lifting: Whoever commits theft of a ‘Cattle’ either from open or close arena, is said to commit the offence of ‘Cattle lifting’.

Note:- For the purpose of this section, the term ‘Cattle’ means a cow and a calf, whether male or female, bull, bullock, buffalo-male or female or calf of she-buffalo, whether male or female and an ox or oxen. 382F. Whoever commits the offence of ‘Cattle lifting’ shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of tem years or with fine or with both.” [Vide Tripura Act 4 of 2019, s. 2]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 382