IPC Section 356 and BNS Section 134: Assault or Criminal Force in Attempted Theft
Section 356 of the Indian Penal Code, 1860 addressed assault or criminal force used in an attempt to steal property being worn or carried by another person. The corresponding current provision is Section 134 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Meaning of IPC Section 356 and BNS Section 134
The original IPC Section 356 states:
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.
BNS Section 134 substantially carries forward this offence and its punishment. It specifically addresses the use of assault or criminal force in an attempt to take property from a person who is wearing or carrying it, such as a handbag, necklace, phone or wallet.
Essential ingredients of the offence
- Assault or criminal force: The accused must assault or use criminal force against a person.
- Attempted theft: The conduct must occur while attempting to commit theft, not merely during an unrelated quarrel.
- Property on the person: The intended property must be worn or carried by that person at the relevant time.
- Connection between force and theft: The assault or force must be connected with the attempt to take that property.
Legal definitions
Assault: Under IPC Section 351, corresponding broadly to BNS Section 130, gestures or preparations intended or known to be likely to cause apprehension of imminent criminal force can amount to assault. Mere words alone do not ordinarily constitute assault, though words may give meaning to gestures or preparations.
Criminal force: Under IPC Section 350, corresponding to BNS Section 129, force intentionally used without consent to commit an offence or to cause, or with knowledge of likely causing, injury, fear or annoyance may amount to criminal force.
Theft: Theft involves dishonestly moving movable property out of another person's possession without consent, with the necessary intention. The general theft provision is IPC Section 378, corresponding to BNS Section 303.
Punishment under IPC 356 and BNS 134
| Provision | Conduct | Punishment |
|---|---|---|
| IPC Section 356 | Assault or criminal force while attempting theft of property worn or carried by a person | Imprisonment of either description up to two years, or fine, or both |
| BNS Section 134 | Corresponding offence under the current criminal code | Imprisonment of either description up to two years, or fine, or both |
The provision does not require that the theft be successfully completed. The actual charge and any additional offences depend on the evidence and the circumstances. Questions of arrest, bail and trial procedure are governed by the applicable criminal procedure law, including the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for proceedings to which it applies.
Practical illustrations
- Attempted bag snatching: A person shoves a pedestrian and tries to pull away the bag the pedestrian is carrying. Even if the bag is not taken, the facts may disclose this offence.
- Attempted chain snatching: An offender uses force while trying to remove a chain worn by another person. The offence may be made out despite an unsuccessful attempt.
- Pickpocketing without assault or criminal force: An unsuccessful attempt to remove a wallet discreetly does not automatically establish Section 356 or Section 134; different theft-related provisions may be relevant.
Difference from theft, robbery and general assault
Ordinary theft or attempted theft focuses on dishonest taking or an attempt to take movable property. Section 356 / BNS 134 adds the specific element of assault or criminal force directed at a person in attempting to take property the person wears or carries.
Robbery has additional statutory elements concerning violence or fear of instant harm in connection with theft or extortion. Where those elements are present, more serious provisions may apply. Whether an incident amounts to robbery depends on the precise facts and the statutory definition, not simply the use of the word "snatching." The BNS also contains a distinct provision for snatching under Section 304, which may be relevant depending on the circumstances.
General assault may be punishable independently, but Section 356 / BNS 134 addresses assault or criminal force linked to attempted theft of property worn or carried by a person.
Frequently asked questions
Which BNS provision corresponds to IPC Section 356?
Section 134 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 356.
What is the punishment for IPC 356 or BNS 134?
Imprisonment of either description for up to two years, or a fine, or both.
Does the accused have to successfully steal the property?
No. The offence concerns assault or criminal force used while attempting to steal property the person is wearing or carrying; completed theft is not an essential element.
Does an attempted pickpocketing without force automatically fall under this section?
Not necessarily. The prosecution must establish assault or criminal force in the attempted theft; other theft or attempt provisions may apply.
When does BNS Section 134 apply instead of IPC 356?
BNS Section 134 generally governs relevant acts committed on or after 1 July 2024. The IPC may remain relevant to earlier acts, subject to applicable savings and transitional provisions.
Official legal references
For the authoritative wording and any subsequent amendments, consult the official India Code portal for the Bharatiya Nyaya Sanhita, 2023, the Indian Penal Code, 1860 and the Bharatiya Nagarik Suraksha Sanhita, 2023. See also the Ministry of Home Affairs for implementation notifications and related materials.
Updated: 30 October 2026. This article provides general legal information; application to a particular case depends on its facts and applicable law.