Bharatiya Nyaya Sanhita, 2023
Section 307 BNS: Theft After Preparation for Causing Death, Hurt or Restraint
Section 307 of the Bharatiya Nyaya Sanhita, 2023 deals with an aggravated form of theft where the offender has made preparation for causing death, hurt, restraint, or fear of death, hurt or restraint in order to commit the theft, escape after it, or retain the stolen property.
Section 307 BNS - 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.
The section is directed not merely at theft, but at theft accompanied by advance preparation for violence, restraint, or fear for one of the purposes specifically identified in the provision.
Essential Ingredients of Section 307 BNS
For an offence under Section 307, the prosecution must ordinarily establish:
- that theft was committed;
- that before or in connection with that theft, the accused had made preparation for causing death, hurt, restraint, or fear of death, hurt or restraint to a person; and
- that the preparation was made for one of the purposes expressly stated in Section 307.
The word "preparation" is important. The section requires more than a bare possibility that violence could occur. There must be evidence capable of showing preparation for the specified consequence and its connection with the theft, escape, or retention of the stolen property.
Purposes for Which the Preparation Must Be Made
Section 307 covers preparation for causing death, hurt, restraint, or the corresponding fear when made for any of these three purposes:
- To commit the theft: preparation intended to facilitate the taking of property.
- To effect escape after the theft: preparation intended to enable the offender to get away after committing the theft.
- To retain the stolen property: preparation intended to prevent recovery of property already taken by theft.
Illustrations Given in Section 307
Illustration (a)
A commits theft of property in Z's possession and, while committing the theft, has a loaded pistol under his garment. He has provided the pistol for the purpose of hurting Z if Z resists. The statutory illustration states that A commits the offence under Section 307.
Illustration (b)
A picks Z's pocket after posting several companions nearby so that they may restrain Z if Z notices the theft, resists, or attempts to apprehend A. The statutory illustration states that A commits the offence under Section 307.
These illustrations show that the provision can apply even where the prepared violence or restraint is not ultimately used, provided the required preparation and statutory purpose are proved.
Punishment, Cognizability, Bail and Trial Court
| Offence | Theft after preparation for causing death, hurt, restraint or fear for the purposes stated in Section 307 |
|---|---|
| Punishment | Rigorous imprisonment up to ten years and fine |
| Cognizable | Yes |
| Bailable | No - classified as non-bailable |
| Court competent to try | Court of Session |
| Procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
Section 307 is treated as a serious aggravated theft offence because the offender has prepared for death, hurt, restraint or fear in connection with the theft, escape, or retention of stolen property.
How Section 307 Relates to Section 303 BNS
Section 303 BNS contains the general offence of theft. Section 307 requires theft plus the additional element of preparation for death, hurt, restraint or fear for one of the specified purposes.
Thus, ordinary theft and theft under Section 307 differ materially in gravity. The enhanced punishment under Section 307 is tied to the preparatory conduct associated with possible violence, coercion or restraint.
Difference Between Preparation and Actual Use of Force
The statutory language focuses on preparation. Actual infliction of hurt or actual restraint is not stated as a necessary ingredient of Section 307. The illustrations reinforce this: keeping a loaded pistol for use if resistance occurs, or stationing companions to restrain a victim if necessary, is sufficient in the examples given by the legislature.
Where force is actually used, or where facts satisfy the ingredients of robbery or another offence, other provisions of the BNS may also require consideration depending on the circumstances.
Official Legal Sources
For authoritative statutory text, commencement information and procedural provisions, consult the India Code and Ministry of Home Affairs resources provided in the right sidebar. The official Act, Schedule and Gazette notification prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What is Section 307 BNS?
Section 307 deals with theft committed after preparation has been made for causing death, hurt, restraint, or fear of death, hurt or restraint in order to commit the theft, escape after it, or retain stolen property.
What is the punishment under Section 307 BNS?
The punishment is rigorous imprisonment for a term which may extend to ten years, along with fine.
Is Section 307 BNS cognizable?
Yes. It is a cognizable offence.
Is Section 307 BNS bailable?
No. It is classified as non-bailable.
Which court tries an offence under Section 307 BNS?
The offence is triable by the Court of Session.
Must death or hurt actually be caused?
Section 307 focuses on preparation for causing death, hurt, restraint or fear for the specified purpose. The statutory illustrations show that actual use of the prepared means is not necessary in the examples given.
This page provides general legal information. Application of Section 307 depends on the facts, evidence and law applicable to the individual case.