Code: Section 307 BNS
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 of Section 307 BNS
Section 307 of the Bharatiya Nyaya Sanhita (BNS) deals with theft committed with the intention to cause harm to any person. This section specifically addresses situations where the offender is prepared to cause death, injury, or restraint as part of committing the theft, escaping after the theft, or retaining the stolen property.
Key Elements of Section 307:
- Applicability:
- Applies when the theft is carried out with prior preparation to cause harm.
- The harm can be physical injury, death, restraint, or even fear of such consequences.
- Situations Covered:
- During the Theft: When an offender threatens or uses violence to prevent resistance.
- After the Theft: When force is used to escape the scene.
- Retention of Stolen Property: When violence is used to keep the stolen property.
- Punishment:
- Rigorous Imprisonment up to 10 years.
- Fine in addition to imprisonment.
- Nature of the Offense:
- Cognizable: Police can register an FIR and investigate without prior approval.
- Non-bailable: Bail is at the discretion of the court.
- Triable by: Sessions Court.
Illustrations
Example 1: Theft with a Weapon
- Scenario: A commits theft from Z’s home and carries a loaded pistol to intimidate Z if Z tries to resist.
- Application of Section 307: Since A has prepared to cause harm or fear of harm during the theft, this is covered under Section 307. A can face up to 10 years of rigorous imprisonment and a fine.
Example 2: Pickpocket with Accomplices
- Scenario: A picks Z’s pocket while several accomplices stand nearby to restrain Z if he tries to resist or catch A.
- Application of Section 307: The use of accomplices to create fear or restraint qualifies as preparation to cause harm. This act falls under Section 307, and A may be punished accordingly.
Common Questions and Answers on Section 307 BNS
1. What does “preparation for causing death, hurt, or restraint” mean?
- Answer: It refers to any action taken in advance to intimidate, harm, or restrict a person to facilitate the theft. This can include carrying weapons, using threats, or having accomplices.
2. Is this section applicable if no actual harm is caused?
- Answer: Yes, the section applies even if the threat or preparation to cause harm exists, regardless of whether actual harm occurred.
3. What is the maximum punishment under Section 307?
- Answer: The offender can face rigorous imprisonment up to 10 years and may also be fined.
4. Does this section apply to simple theft without any threats or preparation?
- Answer: No, Section 307 specifically applies to cases where there is an intent to cause harm during or after the theft.
5. Is this offense bailable?
- Answer: No, Section 307 is a non-bailable offense, meaning the court has the discretion to grant bail.
Conclusion
Section 307 of the Bharatiya Nyaya Sanhita (BNS) is designed to address theft committed with violence or the threat of violence. The law aims to protect individuals from both theft and personal harm, recognizing the heightened danger posed by such crimes.
By prescribing stringent punishments, including up to 10 years of rigorous imprisonment, this section seeks to deter offenders from resorting to violence or threats to carry out thefts.
