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

Indian Penal Code, 1860

Section 382 IPC at a Glance

Section 382 IPC deals with theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 307 BNS.

Punishment

Rigorous imprisonment for a term which may extend to ten years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 307 →

Section 382 IPC Bare Act Text

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.

Source: Section 382, Indian Penal Code, 1860

State amendments — these apply only in the States named below, not to the rest of India

State of Tripura: After section 382 of the Indian Penal Code, the following new sections shall be inserted, namely: "382A. Snatching: Whoever commits theft stealthily from a person or through assault or by using criminal force and thereby causes hurt or endangers the life of that person is said to commit the offence of 'Snatching'. 382B. Whoever commits 'Snatching' shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both." [Vide Tripura Act 4 of 2019].

Section 382 IPC in Simple Words

Section 382 of the Indian Penal Code (IPC) prescribes aggravated punishment for theft committed after making preparation for causing death, hurt, restraint, or fear of death, hurt, or restraint to any person. Such preparation must be made in order to commit the theft, to effect escape after committing it, or to retain the stolen property.

The offence carries rigorous imprisonment for a term extending up to ten years, and the offender is also liable to fine. Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, non-bailable, triable by a Magistrate of the first class, and not compoundable.

Ingredients of Section 382 IPC

  • Commission of theft as defined in Section 378 IPC
  • Prior preparation made by the accused for causing death, hurt, restraint, or fear of death, hurt, or restraint to any person
  • Such preparation was made in order to commit the theft, to effect escape after committing it, or to retain the stolen property

Punishment Under Section 382 IPC

Imprisonment

Rigorous imprisonment for a term which may extend to ten years

Fine

Liable to fine

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Section 382 IPC 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 382 IPC

In 2016, in Gwalior, Deepak planned to steal a crate of copper wire from the courtyard of a trader, Bhaskar. Before entering the courtyard, Deepak concealed an iron dagger inside his belt so that he could hurt or frighten Bhaskar if Bhaskar tried to stop him or recover the goods. Deepak then entered the courtyard and dishonestly carried away the crate of copper wire without Bhaskar's consent. Because Deepak committed theft after making preparation to cause hurt or fear of hurt in order to commit the theft and retain the stolen property, Deepak is punishable under Section 382 IPC.

When Section 382 IPC Does Not Apply

  • Section 382 IPC does not apply when a person commits theft without making any prior preparation to cause death, hurt, restraint, or fear thereof.
  • Section 382 IPC does not apply when a person makes preparation to cause hurt or restraint but never commits theft.
  • Section 382 IPC does not apply when an offender happens to carry a tool or weapon for an unrelated lawful purpose rather than in order to commit theft, escape, or retain stolen goods.

Section 382 IPC in the BNS

Section 382 IPC is now covered under Section 307 BNS.

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 detailed comparison (IPC 382 vs BNS 307) →

FAQs on Section 382 IPC

What conduct is punished under Section 382 IPC?▼

Section 382 IPC punishes theft committed after having made preparation for causing death, hurt, restraint, or fear of death, hurt, or restraint.

What punishment is prescribed under Section 382 IPC?▼

The punishment is rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to fine.

Can a court award simple imprisonment under Section 382 IPC?▼

No; the statutory provision strictly mandates rigorous imprisonment, leaving no discretion to award simple imprisonment.

What purposes must the preparation serve under Section 382 IPC?▼

The preparation must be made in order to commit the theft, to effect escape after committing it, or to retain the stolen property.

Is the fine under Section 382 IPC mandatory?▼

No; the statute provides that the offender shall also be liable to fine rather than prescribing a mandatory fine.

Is Section 382 IPC bailable?▼

No; Section 382 IPC is classified as non-bailable under the First Schedule to the Code of Criminal Procedure.

Is an offence under Section 382 IPC cognizable?▼

Yes; Section 382 IPC is a cognizable offence.

Which court conducts trials under Section 382 IPC?▼

Trials under Section 382 IPC are conducted by a Magistrate of the first class.

Can an offence under Section 382 IPC be compounded?▼

No; Section 382 IPC is not compoundable under Section 320 CrPC.

Which section corresponds to Section 382 IPC in the Bharatiya Nyaya Sanhita?▼

Section 307 BNS corresponds to Section 382 IPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·