What is Section 356 IPC? Assault or criminal force in attempt to commit theft
Published on: Lawiz Team
Learn about Section 356 IPC: Assault or criminal force in attempt to commit theft
Official Legal Text
Whoever assaults or uses criminal force to any person, in attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 356 punishes anyone who assaults or uses criminal force against a person with the intent to commit theft of property they are carrying.
Purpose
To protect individuals from being attacked or assaulted for the purpose of stealing property they are carrying.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 2 years, and fine.
Key Elements
1. There must be an act of assault or criminal force. 2. The intent must be to commit theft. 3. The property must be carried by the victim.
Punishment Details
Imprisonment of up to two years, or a fine, or both.
Illustrative Example
If a person snatches a woman's purse by pushing her, it is an offence under Section 356.
Legal Defenses
If the accused can prove that there was no intention to commit theft, they may be acquitted.
Related Sections
Related to Section 379 (Theft) and Section 392 (Robbery).
FAQs
What does Section 356 IPC define?
Section 356 IPC deals with assault or criminal force used in an attempt to commit theft from a person carrying property.
What is the punishment under Section 356 IPC?
Imprisonment up to 2 years, or fine, or both.
Is Section 356 IPC cognizable?
Yes, it is a cognizable and bailable offence.
Example situation under Section 356 IPC?
Snatching a bag from someone's shoulder using force.
How to file complaint under Section 356 IPC?
Report to the nearest police station with details of the assault.
Which court handles Section 356 IPC?
Handled by Magistrate's court.
What defences are possible under Section 356 IPC?
Absence of intention to commit theft may be a defence.