IPC 382→BNS 307

IPC 382 to BNS 307: Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

Section 382 IPC (1860) replaced by Section 307 BNS (2023)

View IPC Section 382 →View BNS Section 307 →

IPC 382 to BNS 307 at a Glance

Section 382 IPC (Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft) is now Section 307 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 382 to BNS 307?

Section 382 IPC corresponds to Section 307 BNS. The essential ingredients, the two statutory illustrations, and the punishment of rigorous imprisonment extending up to ten years and liability to fine are reenacted without substantive alteration in the Bharatiya Nyaya Sanhita. The title in Section 307 BNS contains a slight phrasing variation, reading in order to committing of theft instead of in order to the committing of the theft. The legal standard requiring advance preparation for violence or restraint to facilitate theft remains identical.

IPC 382 vs BNS 307: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section382307
OffenceTheft after preparation made for causing death, hurt or restraint in order to the committing of the theftSame
PunishmentRigorous imprisonment for a term which may extend to ten yearsSame
FineLiable to fineSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 382 and BNS 307: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 382, IPC 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.
BNS 2023 (in force)

Section 307, BNS 2023

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

Ingredients: IPC 382 vs BNS 307

Under IPC 382
  1. Commission of theft as defined in Section 378 IPC
  2. Prior preparation made by the accused for causing death, hurt, restraint, or fear of death, hurt, or restraint to any person
  3. Such preparation was made in order to commit the theft, to effect escape after committing it, or to retain the stolen property
Under BNS 307
  1. Commission of theft under Section 303(1) BNS
  2. Advance preparation to cause death, hurt, restraint, or fear of death, hurt, or restraint
  3. Purpose of preparation being to commit the theft, effect escape, or retain stolen property
  4. Rigorous imprisonment extending up to ten years and liability to fine under Section 307 BNS

What IPC 382 to BNS 307 Means for Pending Cases

For Section 382 IPC (now Section 307 BNS): under Section 307 BNS, the offence and punishment are unchanged. A charge for an act done after the BNS came into force cites Section 307 BNS and is framed on the same elements as before.

FAQs: IPC 382 to BNS 307

What changed between Section 382 IPC and Section 307 BNS?▼

There is no substantive change. Section 307 BNS reenacts the offence, both statutory illustrations, and the penalty of rigorous imprisonment up to ten years and liability to fine.

Where is Section 382 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 382 IPC is codified as Section 307 BNS, in Chapter XVII, Of Offences Against Property, under the heading Of Theft.

Does Section 382 IPC or Section 307 BNS apply to an act done before 1 July 2024?▼

Section 382 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 382 IPC. Section 307 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·