Legal Provisions of Section 382 of Indian Penal Code, 1860.
Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft:
This section punishes theft after preparation is made for causing death, hurt or restraint in order to the committing of the theft. It says that whoever commits theft, having made preparation for causing either death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person in order to either committing of such theft, or in order to the effecting of his escape after such theft is committed, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment extending up to ten years, and shall also be liable to fine. The two illustrations adequately illustrate the section.
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ADVERTISEMENTS:
The language used in the section has a little similarity with that used in section 390 under the part when theft becomes robbery. The section is attracted when the offender commits theft after he has made preparation for causing death, hurt or restraint, or fear of either of these, to any person, either in order to commit such theft, or to effect his escape after he has committed theft, or to retain property which he has taken by the theft. The section, it is important to note, does not make any provision for simple imprisonment. The offence under this section is serious.
Committing theft keeping in possession knife which could be used if needed attracts liability under this section. But if the offender uses the knife he would be held guilty of robbery.
The offence under section 382 is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.
ADVERTISEMENTS:
Of Extortion
The next part of the chapter of offences against property deals with the offence of extortion under sections 383 to 389, both inclusive.