A commits theft on property in Z’s possession and while committing this theft, he has a loaded pistol under his garment, for the purpose of hurting Z in case Z should resist. What offence has been committed by A?

Question: A commits theft on property in Z’s possession and while committing this theft, he has a loaded pistol under his garment, for the purpose of hurting Z in case Z should resist.

What offence has been committed by A? Refer to the relevant provision, if any, under the Indian Penal Code. [WBJ.S.2004]

Find the answer to the mains question only on Legal Bites. [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.

What offence has been committed by A? Refer to the relevant provision, if any, under the Indian Penal Code. [WBJ.S.2004]

Answer

Section 382, IPC deals with provision for theft after preparation made for causing death, hurt or restraint in order to the committing of the theft and states:

“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 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.”

Section 382 deals with a case where the thief has made preparations for causing—

1. death, or
2. hurt, or
3. restraint to any person in order to ensure
4. the commission of theft, or
5. his escape after committing the theft, or
6. retention of the stolen property.

The present facts of the case are borrowed from Illustration (a) to section 382. Here, as the facts show 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 382 of the code.

The aggravating factor in this section, thus, is the fact that the accused who went to steal was also prepared to cause personal injury or intimidation to the victim, if, the situation so warranted. The preparation may be in the nature of arming himself with a stick, knife or any other weapon, that is sufficient to cause harm or injury. This is explained in illustration (a) to the section.

However, as held in the case of Lal Singh v Emperor AIR 1923 Lah 512, it is important to note that mere preparation by a thief to cause harm indicated in the section is enough to bring him under the purview of Section 382. It is neither necessary nor required under the section that hurt be caused or attempted to be caused. But if he, while committing theft, causes hurt, he becomes liable for committing robbery.

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