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Section 382 Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

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 restrain, 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

(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.

(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

CLASSIFICATION OF OFFENCE

Punishment—Rigorous imprisonment for 10 years and fine—Cogniza­ble—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

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Mridul Rajvanshy

Mridul Rajvanshy

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1 Comment

  1. Saumya Kanti Pal
    Saumya Kanti Pal November 10, 11:05

    If a magistrate convicts someone with 10years RI or with life imprisonment then how is it pronounced or executed because the power of any magistrate for maximum conviction is 7years ???

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