Section 134 BNS: Assault or criminal force in attempt to commit theft of property carried by a person
Bharatiya Nyaya Sanhita, 2023
Section 134 BNS at a Glance
Section 134 BNS deals with assault or criminal force in attempt to commit theft of property carried by a person. It is bailable and cognizable, triable by any Magistrate; it replaced Section 356 IPC on 1 July 2024.
Imprisonment of either description for a term extending up to two years under both codes.
Section 134 BNS Bare Act Text
134. Assault or criminal force in attempt to commit theft of property carried by a person
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Source: Section 134, Bharatiya Nyaya Sanhita, 2023
Section 134 BNS in Simple Words
Section 134 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a situation where a person uses assault or criminal force while trying to commit theft of property that is being carried by another person. The key point is that the property must be in the possession or immediate carry of the victim, such as a bag, wallet, mobile phone, jewellery, or cash held on the body or in hand. This section applies when the accused does not just try to steal, but also uses force or threatens physical interference to make the theft possible.
It is often seen in snatching cases, pickpocketing attempts involving pushing or grabbing, and other street crimes. The law treats this seriously because the victim faces both loss of property and personal danger. In practice, police and courts look for the use of force, the theft attempt, and the link between the two.
Ingredients of Section 134 BNS
- Assaulting or using criminal force to any person
- Attempting to commit theft of property which that person is then wearing or carrying
- Punishment of imprisonment extending up to two years, or fine, or both, under Section 134 BNS
Punishment Under Section 134 BNS
Imprisonment of either description for a term extending up to two years under both codes.
Fine, instead of or in addition to imprisonment under both codes.
Assault or criminal force used in attempting to commit theft of property worn or carried by a person carries imprisonment of either description for up to two years, or fine, or both. The offence is cognizable, bailable, triable by any Magistrate, and non-compoundable.
Example of Section 134 BNS
When Section 134 BNS Does Not Apply
- No assault was committed and no criminal force was used against the person
- The property was not being worn or carried by the person at the time of the attempt
- The force was used without an attempt to commit theft of property
Section 134 BNS in the IPC (Previous Law)
Section 134 BNS replaces Section 356 IPC from the old criminal code.
Section 356 IPC is succeeded by Section 134 BNS. The statutory text, the elements of assault or criminal force in attempting theft of property worn or carried, and the punishment of imprisonment of either description up to two years, or fine, or both, remain identical in substance.
View IPC Section 356 โFAQs on Section 134 BNS
Is snatching a mobile phone covered under Section 134 BNS?โผ
Yes, if the phone was being carried by the person and the accused used force or assault during the attempt. The facts matter, especially whether the victim was physically confronted or pushed. If violence is used, police often register the case under this provision or a stronger related offence.
Does the property have to be taken away for Section 134 BNS to apply?โผ
No. An actual successful theft is not necessary. Even an attempt, if backed by assault or criminal force, can attract this section.
Is Section 134 BNS a bailable offence?โผ
Yes, it is generally bailable. That means the accused can usually seek bail as a matter of right, subject to procedure and court satisfaction.
How is Section 134 BNS different from simple theft?โผ
Simple theft does not always involve force. This section applies when force or assault is used while trying to steal property carried by a person, which makes the conduct more serious.
Have questions about Section 134 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru โDisclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท