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BNS 2024ACTIVE FRAMEWORK
Section 307
Theft After Preparation Made for Causing Death, Hurt or Restraint in Order to Commit Theft
Replaces colonial-era: IPC 382
Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 382 to BNS 307.
2
10-year maximum preserved — significantly higher than standard theft.
3
Covers preparation for restraint and fear — not only physical violence.
THE STATUTE
The Clause
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.
Legal Commentary
Section 307 fills an important gap between simple theft and robbery (which requires actual use or threat of force). It applies where a thief goes to the crime scene armed and prepared to use violence if necessary — even if they ultimately do not need to use that violence because no resistance is encountered. A burglar who carries a weapon intending to harm anyone who interrupts the theft has prepared for violence, making them liable under Section 307 rather than the lesser Section 303. The 10-year maximum (versus 3 years for standard theft) reflects the dramatically elevated danger posed by an armed, violence-ready thief. This provision covers home invasions where the occupants are fortunately absent, armed shoplifting operations, and any planned theft where weapons are carried 'just in case.'
Case Simulations
"A burglar who enters an apparently empty house carrying a knife 'in case' someone is home — Section 307."
"Shoplifters who carry pepper spray intending to use it on any security guard who confronts them — Section 307."
Expert Insights
Yes — the preparation (carrying the weapon with intent to use if needed) is sufficient. The provision does not require actual use of violence; the preparedness itself triggers the elevated offence.