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Introduction of 307 BNS

307 BNS addresses a serious form of theft where the offender prepares to cause death, hurt, or restraint to facilitate the crime. This section applies not only during the act of theft but also during escape or retaining stolen property. It highlights the severity of theft combined with violence or the threat of violence, distinguishing it from regular theft. This provision ensures stringent punishment to deter criminals from using dangerous means to commit theft or escape justice.


The Bharatiya Nyaya Sanhita (BNS) Section 307replaces the old Indian Penal Code (IPC) Section 382.



What is BNS Section 307 ?

Theft after preparation for causing death, hurt, or restraint refers to committing theft while being equipped or prepared to use violence, inflict injury, or restrain someone to ensure the theft succeeds. The preparation could also be for escaping after the theft or retaining stolen goods. This added element of preparation for violence makes the offense more grave than simple theft.


BNS Section 307 addresses theft where offenders use violence or threats.
A serious theft provision where violence or threats are used during crimes.

BNS 307 in Simple Points

1. Enhanced Severity of Theft

This section deals with theft that is premeditated with preparations for causing harm. The presence of a weapon or accomplices to instill fear or inflict harm indicates a higher degree of criminal intent, making it more than just an act of stealing. For example, carrying a loaded pistol while stealing demonstrates a readiness to cause harm, amplifying the offense’s seriousness.

2. Covers Multiple Stages of Theft

The law applies not only during the theft but also when preparations are made for escape or to retain stolen goods. This ensures the offender is punished for violent or coercive acts at any stage, including post-theft actions like restraining a pursuer or threatening someone to keep stolen property. This comprehensive approach makes the law more robust in addressing all scenarios.

3. Rigorous Punishment

The offense is punishable with rigorous imprisonment for up to 10 years and a fine. This severe penalty reflects the gravity of combining theft with preparations for violence. It acts as a deterrent against planning thefts that could harm or endanger lives, ensuring that such offenses are treated as both theft and potential acts of violence.

4. Cognizable and Non-Bailable Nature

BNS Section 307 is classified as a cognizable and non-bailable offense. A cognizable offense allows the police to arrest the offender without a warrant, emphasizing the urgency of addressing such crimes. Being non-bailable means the accused cannot obtain bail as a right and must seek judicial approval, signifying the crime’s seriousness.

5. Jurisdiction and Trial

The offense is triable by a Magistrate of the First Class, ensuring that experienced judicial authorities handle cases involving complex elements like theft combined with violent preparations. This classification ensures quicker trials and efficient justice delivery for such grave offenses.


307 BNS act Overview

BNS Section 307 addresses theft where preparations have been made to cause death, hurt, or restraint to ensure the theft is successfully executed. It also covers acts done to escape after the theft or retain stolen property. This section recognizes the premeditated risk to human life or safety in committing such theft. Offenders who plan or prepare to use harm, fear, or restraint are penalized under this section. It aims to protect individuals from violent or forceful theft incidents. The law prioritizes the safety and security of individuals over mere property loss.

BNS Section 307 :10 Key Points

1. Theft in Specific Locations

This section specifically addresses theft committed in buildings, tents, or vessels that are either used as residences or for safeguarding property. It distinguishes this type of theft from other thefts due to the violation of personal space. The law recognizes the heightened sense of insecurity caused by such intrusions, making this offense more severe than general theft.

2. Violation of Privacy

The law considers theft in a dwelling or place where people live or store valuable belongings as an aggravated crime. Such theft is not merely about property loss but also about invading someone’s private and safe space. This invasion disrupts the sense of security people expect in their homes or places of work.

3. Punishment Reflects the Severity

The punishment for theft under this section includes rigorous imprisonment for a term that may extend to 7 years, along with a fine. The severity of the punishment reflects the dual harm caused by property loss and the breach of trust and security in private spaces. It aims to deter criminals from targeting such places.

4. Covers Diverse Settings

This section is not limited to theft in buildings; it also includes tents and vessels used as dwellings or for storing property. This ensures protection for all types of living spaces and property-holding arrangements, including temporary or mobile setups, acknowledging their importance to individuals and businesses.

5. Recognizes Risk to Occupants

The law takes into account the potential risk to human life during thefts in inhabited places. While theft may involve only property damage, the presence of people in these locations increases the chances of confrontation, harm, or intimidation, making the crime more dangerous and impactful.

6. Categorization as a Serious Offense

Theft under this section is categorized as a cognizable and non-bailable offense. This means the police can arrest the offender without a warrant, and bail is not granted easily. Such categorization ensures that the law treats offenders with due seriousness, considering the gravity of the crime.

7. Trial by Magistrate of the First Class

The offense is triable by a Magistrate of the First Class, ensuring that experienced judicial authorities handle the case. This provides victims with a fair and thorough hearing and ensures justice is delivered effectively, considering the significant personal and financial impact of the crime.

8. Emphasis on Intent

The section places importance on the intent of the offender. It is applicable when theft is carried out intentionally in a dwelling or place for property storage, indicating premeditation. This focus on intent ensures that only those with deliberate criminal motives are held accountable under this provision.

9. Protection for Temporarily Occupied Spaces

By including tents and vessels, the law provides protection for spaces that might be occupied temporarily. This is especially relevant for travelers, nomads, or individuals in temporary housing, ensuring that their rights to safety and privacy are upheld, irrespective of their living conditions.

10. Aims to Deter Future Crimes

The rigorous punishment, including up to 7 years of imprisonment and a fine, is designed to deter offenders from targeting inhabited places or secure locations. The law seeks to create a sense of accountability and ensure that individuals think twice before committing such offenses, protecting homes and property from future crimes.

2 Examples of BNS Section 307

  1. Example 1:
    A breaks into Z’s house intending to steal valuables. A carries a knife to threaten or harm Z if caught. This preparation to use violence during theft makes A guilty under BNS Section 307.
  2. Example 2:
    B attempts to pick Z’s pocket and positions several accomplices nearby to restrain Z if discovered. This preparation for restraint to ensure the theft’s success also qualifies as an offense under this section.

307 BNS Punishment

  • Rigorous Imprisonment: Up to 10 years.
  • Fine: An additional financial penalty, amount unspecified, to be decided by the court.
    The punishment reflects the crime’s severity, especially when human safety and property rights are at stake.

307 BNS Punishment: Severe Penalties for Violent Theft
Severe penalties for theft involving threats or violence, up to 10 years in prison.

307 BNS bailable or not ?

Non-Bailable: The offense is non-bailable, requiring the accused to seek bail through the court. This emphasizes the serious nature of the crime and limits the offender’s freedom during the trial process.


Bharatiya Nyaya Sanhita Section 307

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
307Theft with preparations to cause death, hurt, or restraintRigorous imprisonment up to 10 years and a fineNon-BailableCognizableMagistrate of the First Class
Bharatiya Nyaya Sanhita Section 307

BNS Section 307 FAQs

What does BNS Section 307 cover?

What is the punishment under BNS Section 307?

Is BNS Section 307 a cognizable offense?

Yes, it is a cognizable offense, meaning the police can arrest without a warrant.

Is BNS Section 307 bailable?

Who tries cases under BNS Section 307?

Why is theft under BNS Section 307 considered severe?


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