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Introduction

This law deals with theft committed after making plans or preparations to cause death, injury, or restraint (confinement) to any person.

It applies when someone:

  1. First makes preparations or plans to cause death, hurt (injury), or restraint to any person.
  2. After making such preparations, that person then commits theft.

The key points are:

  • The person must have made preparations beforehand to cause death, injury, or restraint to someone (it can be any person, not necessarily the victim of theft).
  • After making those preparations, the person goes ahead and commits theft.


Definition of IPC 382

IPC 382 addresses theft with prior planning to inflict harm, restraint, or fear on the victim. This includes scenarios where the thief prepares to use weapons, create dangerous situations, or intimidate the victim during the theft. Such actions elevate the seriousness of the offense, posing a direct threat to the safety and well-being of the victim.


What is IPC 382 ?


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 retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.

An illustration depicting the offense of theft after preparation for causing death, hurt, or restraint as per IPC Section 382.
A visual representation of the offense under Indian Penal Code Section 382 – Theft after Preparation for Causing Death, Hurt, or Restraint.

IPC Section 382 Explanation

IPC Section 382 deals with the offense of “Theft after Preparation for Causing Death, Hurt, or Restraint.” It covers situations where an individual commits theft after making preparations to cause death, injury, or restraint to another person. Let’s break it down point-wise:

Definition:

  • Section 382 of the IPC criminalizes the act of theft committed after the accused has made preparations for causing death, hurt (injury), or restraint to any person.
  • The preparation can be for causing death, hurt, or restraint to any person, not necessarily the person from whom the theft is committed.

Essential Elements: a) The accused must have made preparations for causing death, hurt, or restraint to any person. b) After such preparations, the accused must have committed theft. c) The preparations need not necessarily be for causing death, hurt, or restraint to the person from whom the theft is committed.

  1. Meaning of Preparation:
    • The term “preparation” is not specifically defined in the IPC.
    • It generally refers to any act or acts done by the accused with the intention of causing death, hurt, or restraint to any person.
    • Examples of preparation could include acquiring weapons, making plans, or taking steps towards carrying out the intended act.
  2. Death, Hurt, or Restraint:
    • “Death” refers to causing the death of any person.
    • “Hurt” refers to causing bodily pain, disease, or infirmity to any person.
    • “Restraint” refers to the act of confining or detaining any person against their will.
  3. Punishment:
    • According to Section 382 of the IPC, the offense is punishable with rigorous imprisonment for a term which may extend to Ten years (max fourteen year) and shall also be liable to fine.
  4. Severity:
    • The offense under Section 382 is considered more severe than ordinary theft due to the preparatory acts for causing death, hurt, or restraint.
    • The law recognizes the potential danger and gravity of the situation, even if the intended act of causing death, hurt, or restraint is not ultimately carried out.
  5. Examples:
    • A person acquires a weapon with the intention of causing hurt to someone and then commits theft after making such preparations.
    • A group of individuals make plans to restrain and rob a person, carrying out the theft after making preparations for restraint.
    • An individual prepares to kill someone but instead commits theft after making preparations for causing death.

IPC 382 Punishment

  • Potential Jail Time: The penalty for theft under IPC 382 can be severe. You could face imprisonment for a term of up to 10 years.
  • Fines: The court can also impose a significant financial penalty in addition to the jail sentence. The amount of the fine will depend on various factors considered by the judge, such as the severity of the preparation for harm or fear, the value of the stolen property, and your criminal history .
IPC 382 Punishment - Theft with Prep for Death, Hurt, Restraint
Visual representation of IPC 382 punishment for theft after preparation made for causing death, hurt, or restraint.

382 IPC bailable or not ?

IPC 382 theft is usually not bailable in India. The seriousness, risk of flight, and evidence tampering are concerns. However, there could be rare exceptions like a weak case against you or if it’s your first offense. Always consult a lawyer for specific legal advice.


IPC 382 FAQs

Q: What kind of offense does this cover?

Q: What kind of offense does this cover?

It covers theft that happens after someone made plans or preparations to cause death, hurt, or restraint to any person, even if those acts weren’t ultimately carried out.

Q: What is the IPC 382 punishment?


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