Section 307 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 307 of the Bharatiya Nyaya Sanhita (BNS), 2023, found in Chapter XVII – Offences Against Property:
📜 Section 307 – Theft After Preparation to Commit Violence
Offence Defined:
A person commits this offence if they:
Intend to commit theft, and
Make preparations to cause death, hurt, restraint, or instill fear of death/hurt/restraint—either:
Before committing the theft, or
To escape afterward, or
To retain the stolen property. (sudhirrao.com, indianlawhub.com)
Example Scenarios:
Carrying a loaded pistol when stealing from someone, prepared to use it if they resist.
Organizing accomplices to restrain the victim during a pickpocketing act. (sudhirrao.com)
⚖️ Punishment
Imprisonment: Rigorous imprisonment for up to 10 years,
Fine: Mandatory (“shall also be liable to fine”) (lawrato.com, sudhirrao.com)
🛡️ Legal Classification & Procedure
Cognizable: ✅ Yes — Police can arrest without a warrant (lawrato.com)
Bailable: ❌ No — Offence is non-bailable (lawrato.com)
Triable By: Magistrate of the First Class (lawrato.com)
⚠️ Key Legal Elements
Actus Reus: Theft + preparatory steps involving weapons, accomplices, or other means causing hurt/fear/restraint.
Intent: To use violence or intimidation—clearly premeditated rather than spontaneous.
Timing: Preparations can be made before theft, during escape, or to secure stolen goods.
📚 Comparison to IPC
There's no direct IPC equivalent; this is a new, more specific classification under BNS.
In the old IPC, similar conduct fell under robbery or attempted robbery, but Section 307 BNS treats it as a standalone, more severe theft-related offence. (indianlawhub.com)
✅ Summary Table
| Feature | Details |
|---|---|
| Offence | Theft with preparatory violence or fear tactics |
| Imprisonment | Up to 10 years (rigorous) |
| Fine | Mandatory |
| Cognizable | Yes |
| Bailable | No |
| Tried by | First-Class Magistrate |
🧭 Why It Matters
Focuses on pre-planned violence: Criminalizes not just violent theft (robbery) but also theft with premeditated preparations for violence—filling the legal gap.
A stern deterrent: Imposes stringent penalties—especially for organized or weaponized theft.
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