Section 134 BNS: Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a Person
Section 134 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes assault or use of criminal force when it is used in an attempt to commit theft of property that the affected person is then wearing or carrying. The provision therefore combines an attempted theft with an assault or use of criminal force against the person possessing the property.
What Section 134 BNS Provides
Section 134 applies where a person assaults or uses criminal force against another person while attempting to commit theft of property that the other person is then wearing or carrying.
The punishment is imprisonment of either description for a term which may extend to 2 years, or fine, or both.
Essential Ingredients of Section 134
- there must be an assault or use of criminal force against a person;
- the assault or criminal force must be connected with an attempt to commit theft;
- the property must be property that the person is then wearing or carrying; and
- the assault or criminal force must be used in the course of that attempted theft.
Meaning of Assault and Criminal Force
Section 130 BNS defines assault as a gesture or preparation made with the required intention or knowledge that causes a person present to apprehend that criminal force is about to be used.
Section 129 BNS defines criminal force as intentional use of force without consent for committing an offence, or with the specified intention or knowledge concerning injury, fear or annoyance.
What Property Is Covered?
The statutory wording focuses on property that the person is "then wearing or carrying". This connects the offence to property in immediate physical possession, such as property worn on the body or physically carried by the person at the time of the attempted theft.
Attempted Theft under Section 134
The section does not require completion of the theft. Its wording expressly covers an attempt to commit theft where the accompanying assault or criminal force and the other statutory elements are proved.
Punishment under Section 134 BNS
| Offence | Assault or criminal force used in an attempt to commit theft of property worn or carried by a person. |
|---|---|
| Imprisonment | Imprisonment of either description for a term which may extend to 2 years. |
| Fine | The Court may impose fine. |
| Alternative | Imprisonment, fine, or both. |
Related BNS Provisions
- Section 131 - Punishment for assault or criminal force otherwise than on grave provocation
- Section 132 - Assault or criminal force to deter public servant from discharge of duty
- Section 133 - Assault or criminal force with intent to dishonour person
- Section 134 - Assault or criminal force in attempt to commit theft of property carried by a person
- Section 135 - Assault or criminal force in attempt to wrongfully confine a person
- Section 136 - Assault or criminal force on grave provocation
- Section 137 - Kidnapping
- Section 138 - Abduction
- Section 139 - Kidnapping or maiming a child for purposes of begging
- Section 140 - Kidnapping or abducting in order to murder or for ransom, etc.
Official Legal Sources
This page provides general legal information. The application of Section 134 depends on the facts, evidence, nature of the alleged attempt, property involved, procedural law and judicial interpretation relevant to the particular case.