IPC Section 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 the 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.

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Non-bailable, Cognizable

Official Text

“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 the 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.”

Legal Analysis

Elements to Prove:

  • The accused committed theft.
  • Preparation was made for causing death, hurt, or restraint.
  • The preparation was to commit theft, escape, or retain stolen property.
  • All elements of theft were present.

Potential Defenses:

  • No theft was committed.
  • No preparation for violence was made.
  • The preparation was not related to theft.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person carrying weapons to commit theft, or preparing restraints to prevent resistance.

What Doesn't Constitute:

A person committing simple theft without preparation for violence.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the severe punishment for theft with preparation for violence or restraint.

Punishment

Rigorous imprisonment up to 10 years and Fine

Related Information

Connected Sections:

This section provides severe punishment for theft with preparation for violence. It follows Section 381.

Procedural Aspects:

Prosecution requires proof of preparation for violence and theft. The case is triable by a Court of Session.

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