Assault or criminal force in attempt to commit theft of property carried by a person
Section 134 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with assault or criminal force used in an attempt to commit theft of property carried by a person..
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Key Points:
Definition of Offense:
This section addresses situations where a person uses assault or criminal force to commit or attempt to commit theft of property that is either worn or carried by another person.
The law specifically covers theft attempts involving personal items that the victim has on them at the time of the assault.
Use of Assault or Criminal Force:
The perpetrator must use either assault or criminal force to facilitate the theft.
Assault refers to actions that cause the victim to fear imminent harmful contact.
Criminal force involves intentionally using physical force without the victim’s consent to cause harm, fear, or annoyance.
Property Worn or Carried:
The offense relates specifically to property that the victim is either wearing (such as jewelry or clothing) or carrying (such as a bag, wallet, or phone) during the theft attempt.
It does not apply to property that is not physically on the victim’s person at the time of the assault (e.g., items in a car or at home).
Attempt to Commit Theft:
The crime under this section can be committed even if the theft is not successful. An attempt to steal, combined with the use of force or assault, is sufficient to invoke the law.
Offence : Assault or criminal force in attempt to commit theft of property worn or carried by a person.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
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