What is Section 382 IPC? Theft after preparation for causing death or hurt
Published on: Lawiz Team
Learn about Section 382 IPC: Theft after preparation for causing death or hurt
Official Legal Text
Whoever 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 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.
What This IPC Section Means – Explained in Simple Words
Section 382 punishes anyone who commits theft after making preparations to cause death, hurt, or restraint to ensure the success of the theft.
Purpose
To ensure stricter punishment for theft where the offender is prepared to use violence, force, or restraint.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The offence must be theft. 2. Preparations must be made to cause death, hurt, or restraint. 3. The preparations must be for ensuring the success of the theft.
Punishment Details
Imprisonment of either description for a term which may extend to 10 years, and a fine.
Illustrative Example
If a thief carries a knife while stealing to threaten anyone who might stop them, it is an offence under Section 382.
Legal Defenses
If the accused can prove that they had no intention to cause harm or that they did not prepare for violence, they may be acquitted.
Related Sections
Related to Section 379 (Theft) and Section 392 (Robbery).
FAQs
What does Section 382 IPC define?
Theft after preparation made for causing death, hurt or restraint.
How is 'Theft after preparation made for causing death, hurt or restraint' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 382 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 382?
Examples include real-life cases involving theft after preparation made for causing death, hurt or restraint.
Is Section 382 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 382 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 382 significant?
It holds importance in the framework of criminal law.