Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
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Summary
If a person commits theft after making preparations to cause death, hurt, restraint, or fear of those to anyone — either to carry out the theft, to escape afterwards, or to retain the stolen property — it is an aggravated offence. The punishment is rigorous imprisonment for up to ten years and a fine. The extra element is the prior preparation to harm, restrain, or frighten a person.
Example
Ravi steals cash from Meera's shop and keeps a loaded pistol hidden in his clothes in case Meera resists. Because he prepared to cause hurt or fear to carry out the theft, he can be punished with rigorous imprisonment for 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’ 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’ 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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