Indian Penal Code, 1860
Section 382
repealedTheft after preparation made for causing death, hurt or restraint in order to the committing of the theft
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.
Why this exists
This section targets thieves who plan ahead to use or threaten violence if things go wrong during the theft, even if that violence never actually happens. The law treats the mere preparation to hurt or restrain someone as a serious aggravating factor, because it shows the thief was ready to escalate to violence to succeed or escape. This reflects a broader principle in the Code of punishing dangerous preparation, not just completed harm. A similar aggravated theft offence continues under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code in 2024.