Section 307 BNS: Theft after preparation made for causing death, hurt or restraint in order to committing of theft
Bharatiya Nyaya Sanhita, 2023
Section 307 BNS at a Glance
Section 307 BNS deals with theft after preparation made for causing death, hurt or restraint in order to committing of theft. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 382 IPC on 1 July 2024.
Rigorous imprisonment for a term which may extend to ten years
Section 307 BNS Bare Act Text
307. 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. Of extortion
Source: Section 307, Bharatiya Nyaya Sanhita, 2023
Section 307 BNS in Simple Words
Section 307 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with theft committed after making preparation for causing death, hurt, or wrongful restraint. In simple terms, this is not an ordinary theft. The law treats it more seriously because the person first prepares to use force, or to threaten force, and then commits the theft.
This section applies where the accused has made such preparation before or during the act of theft, and that preparation is meant to help carry out the theft or escape after it. It is often used in cases involving armed theft, snatching with threats, or theft carried out after the accused positions themselves to injure or restrain someone if needed. The practical significance is that the prosecution does not need to prove actual hurt or death.
Preparation itself is enough, if it is shown to be linked to the theft. This makes the offence more serious than simple theft under Section 303 BNS, because the risk to the victim is much higher.
Ingredients of Section 307 BNS
- Commission of theft under Section 303(1) BNS
- Advance preparation to cause death, hurt, restraint, or fear of death, hurt, or restraint
- Purpose of preparation being to commit the theft, effect escape, or retain stolen property
- Rigorous imprisonment extending up to ten years and liability to fine under Section 307 BNS
Punishment Under Section 307 BNS
Rigorous imprisonment for a term which may extend to ten years
Liable to fine
Section 307 BNS punishes theft committed after preparation for causing death, hurt, or restraint with rigorous imprisonment extending up to ten years, and liability to fine. The statute strictly excludes simple imprisonment. The offence is cognizable, non-bailable, triable by a Magistrate of the first class, and not compoundable.
Example of Section 307 BNS
When Section 307 BNS Does Not Apply
- The accused committed simple theft without having made any preparation for causing death, hurt, restraint, or fear, falling under Section 303(2) BNS
- Preparation was made for violence but no theft was actually attempted or committed
- The presence of a weapon was entirely coincidental and bore no connection to committing the theft, effecting escape, or retaining stolen property
Section 307 BNS in the IPC (Previous Law)
Section 307 BNS replaces Section 382 IPC from the old criminal code.
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.
View IPC Section 382 →FAQs on Section 307 BNS
Is actual injury necessary for Section 307 BNS to apply?▼
No. The law punishes the preparation for causing hurt, death, or restraint, even if no one is actually injured. What matters is the link between that preparation and the theft.
How is Section 307 BNS different from simple theft?▼
Simple theft is the dishonest taking of movable property without consent. Here, the accused has also prepared to use force or restraint, which makes the offence much more serious.
Can Section 307 BNS be used in robbery cases too?▼
Sometimes the facts may overlap, but the charge depends on the exact conduct. If force or threat is actually used to commit theft, police and courts may examine robbery-related provisions instead.
Under Section 307 BNS, is the offence bailable?▼
No, it is generally treated as non-bailable. It is also cognizable, so police can register and investigate the case without waiting for a magistrate's order.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·