Theft after preparation made for causing death, hurt or restraint in order to the committing of theft
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Summary
Preparing to cause death, hurt, restraint, or fear of those to any person in order to commit theft, to escape after committing theft, or to retain stolen property elevates the theft to a more serious offence. The offender may be punished with rigorous imprisonment which may extend to ten years, and is also liable to pay a fine.
Example
Ravi steals goods from Meera's shop and has a hidden loaded pistol ready in case Meera resists. Because he prepared to cause hurt to enable the theft, his act is punishable with rigorous imprisonment up to ten years and a fine.
Bare Act
Enacted textWhoever 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.
Illustrations
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(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.
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(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.
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