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Section 382 - Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 382The Bharatiya Nyaya Sanhita, 2023 Section 307

Indian Penal Code, 1860

Section 382

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

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Indian Penal Code, 1860

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

Of Extortion

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The Bharatiya Nyaya Sanhita, 2023

Section 307

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

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The Bharatiya Nyaya Sanhita, 2023

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.

(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. Of extortion

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