Section 356 IPC: Assault or criminal force in attempt to commit theft of property carried by a person
Indian Penal Code, 1860
Section 356 IPC at a Glance
Section 356 IPC 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; from 1 July 2024 it is replaced by Section 134 BNS.
Imprisonment of either description for a term extending up to two years under both codes.
Section 356 IPC Bare Act Text
356. 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 356, Indian Penal Code, 1860
Section 356 IPC in Simple Words
Section 356 of the Indian Penal Code (IPC) punishes any person who assaults or uses criminal force to another person in attempting to commit theft of property that the person is then wearing or carrying. The section applies to attempts to snatch or steal articles such as jewellery, bags, watches, or phones from the person of the victim, and does not require the theft to be successfully completed.
The prescribed punishment is imprisonment of either description for a term extending up to two years, or with fine, or with both. The offence is cognizable, bailable, non-compoundable, and triable by any Magistrate under the First Schedule to the CrPC.
Ingredients of Section 356 IPC
- The property was then being worn or carried by the person
- The accused attempted to commit theft of that property
- The accused assaulted or used criminal force to the person in the course of that attempt
Punishment Under Section 356 IPC
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 356 IPC
When Section 356 IPC Does Not Apply
- Section 356 IPC does not apply when the accused neither commits an assault nor uses criminal force against the person.
- Section 356 IPC does not apply when the property targeted in the attempted theft is not then being worn or carried by the person.
- Section 356 IPC does not apply when the assault or criminal force is used without any attempt to commit theft of property.
Section 356 IPC in the BNS
Section 356 IPC is now covered under Section 134 BNS.
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 detailed comparison (IPC 356 vs BNS 134) โFAQs on Section 356 IPC
What acts does Section 356 IPC penalise?โผ
Section 356 IPC penalises anyone who assaults or uses criminal force to a person in attempting to commit theft of property that the person is then wearing or carrying.
What punishment is prescribed under Section 356 IPC?โผ
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Does Section 356 IPC require that the theft be successfully completed?โผ
No; the offence is complete when assault or criminal force is used in the attempt to steal property worn or carried, regardless of whether the theft succeeds.
What kind of property is covered under Section 356 IPC?โผ
The section covers any property which the victim is wearing or carrying at the time, including bags, phones, jewellery, watches, or clothing.
Is Section 356 IPC bailable and cognizable?โผ
Under the First Schedule to the CrPC, Section 356 IPC is cognizable and bailable.
Which court conducts trials for Section 356 IPC?โผ
Any Magistrate is empowered to try an offence under Section 356 IPC.
Can an offence under Section 356 IPC be compounded?โผ
No; Section 356 IPC is non-compoundable under Section 320 CrPC.
Which section in the Bharatiya Nyaya Sanhita corresponds to Section 356 IPC?โผ
In Section 134 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท