Indian criminal law | Updated 30 October 2026

Section 382 IPC: Theft After Preparation to Cause Death, Hurt or Restraint

Section 382 of the Indian Penal Code, 1860 punished theft committed after preparation to cause death, hurt, restraint or fear of those consequences. The corresponding provision for offences governed by the Bharatiya Nyaya Sanhita, 2023 is Section 307 BNS.

Current-law note: The BNS came into force on 1 July 2024. The IPC continues to matter for conduct committed before that date, subject to the applicable repeal, savings and transitional provisions. Always identify the date of the alleged offence before selecting the penal provision.

Section 382 IPC: Statutory provision

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.

Section 307 BNS: Corresponding current provision

Section 307 of the Bharatiya Nyaya Sanhita, 2023 addresses theft after making preparation for causing death, hurt or restraint, or fear of those consequences, to facilitate the theft, escape after theft or retention of the stolen property. It prescribes rigorous imprisonment for a term extending up to ten years and liability to a fine.

Point	Section 382 IPC	Section 307 BNS
Subject	Theft after preparation for death, hurt or restraint	Corresponding offence under the BNS
Maximum imprisonment	10 years, rigorous	10 years, rigorous
Fine	Also liable to fine	Also liable to fine
Application	Historical IPC framework and saved cases	New criminal law framework effective 1 July 2024

Essential ingredients of the offence

Theft: The accused must commit theft, involving dishonest moving of movable property out of another person's possession without consent.
Prior preparation: There must be preparation for causing death, hurt or restraint, or fear of these consequences.
Connection with theft: The preparation must be intended to facilitate the theft, secure escape after the theft or retain the stolen property.
Intention and evidence: The prosecution must establish the required dishonest intention and relevant preparation from the facts and evidence.

Important legal terms

Theft: Dishonestly moving movable property from a person's possession without that person's consent, as provided in Section 378 IPC and Section 303 BNS.

Hurt: Causing bodily pain, disease or infirmity to a person; see Section 319 IPC and the corresponding BNS provisions on hurt.

Wrongful restraint: Voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which the person has a right to proceed; see Section 339 IPC and the corresponding BNS provision.

Preparation: Arrangements made in advance to facilitate the specified harm or fear; proof of actual injury is not necessarily required for this offence.

Original statutory illustrations under Section 382 IPC

Illustration (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.

Illustration (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.

Difference between ordinary theft and aggravated theft

Ordinary theft is dealt with by Section 303 BNS (historically Sections 378 and 379 IPC). Section 307 BNS applies when theft is accompanied by the specified preparation to cause death, hurt or restraint, or fear of those consequences. Depending on the facts, robbery provisions may also require separate consideration; the two offences should not be treated as identical.

FIR, investigation and bail

Where the alleged facts disclose a cognizable offence, information may be given to the police under the Bharatiya Nagarik Suraksha Sanhita, 2023. Bail, arrest and trial are governed by the applicable procedural law and the classification in the First Schedule. The exact sections invoked and the facts of the case should be checked before advising on bail or trial forum.

Frequently asked questions

What is the punishment under Section 382 IPC?

Rigorous imprisonment up to ten years and a fine.

Which provision replaces IPC Section 382 under the BNS?

Section 307 of the Bharatiya Nyaya Sanhita, 2023 covers theft after preparation for causing death, hurt or restraint.

Must actual injury occur for this offence?

No. The provision addresses theft committed after making the specified preparation; actual injury is not an essential element.

Is Section 382 IPC the same as robbery?

No. Theft after preparation to cause harm is a distinct offence. Robbery requires the additional elements specified in the applicable robbery provision.

Official legislation and further reading

This page is general legal information, not advice for any particular criminal proceeding. The applicable law depends on the date and facts of the alleged offence.