BNS Section 307: Theft after preparation to cause death or hurt (2026)
What Section 307 of the Bharatiya Nyaya Sanhita (BNS) covers, theft after preparation to cause death, hurt or restraint, how it maps to the old Section 382 of the IPC, the punishment, and its classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 307 of the Bharatiya Nyaya Sanhita (BNS) punishes theft after the thief has prepared to cause death, hurt or restraint in order to commit the theft. The BNS is the new criminal code in force since 1 July 2024, and Section 307 replaced Section 382 of the Indian Penal Code (IPC). The punishment is rigorous imprisonment up to ten years, and a fine. Note the trap: "Section 307 IPC" meant attempt to murder, but "Section 307 BNS" is this theft offence. This explainer sets out what Section 307 of the BNS covers, how it maps to the old law, the punishment, and what changed. Last verified October 2026.
- New section: theft after preparation to cause death, hurt or restraint is Section 307 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 382 of the IPC. (Attempt to murder, the old Section 307 IPC, has moved elsewhere in the BNS.)
- Punishment: rigorous imprisonment up to ten years, and a fine.
- Key point: force need not be used; it is the preparation to use force that aggravates the theft.
01Why the section number matters now
Since 1 July 2024, the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). Theft after preparation to cause death, hurt or restraint, which was Section 382 of the IPC, is now Section 307 of the BNS.
This number carries a special risk of confusion. Under the old IPC, "Section 307" was the well known attempt-to-murder provision. Under the BNS, attempt to murder has moved, and Section 307 of the BNS is this aggravated theft offence. So always confirm which code applies before you read the number, because "Section 307" now means two very different things depending on the code.
02What Section 307 covers
Section 307 of the BNS punishes a person who commits theft after having made preparation for causing death, hurt or wrongful restraint, or fear of death, hurt or wrongful restraint, to any person. The preparation may be aimed at:
- committing the theft;
- effecting escape after committing the theft; or
- retaining the property taken by the theft.
The section sits between ordinary theft and robbery. The violence need not actually be used. It is the preparation to use force that makes the theft more serious.
Two classic illustrations
A thief who carries a loaded pistol so he can shoot if the owner resists has made such preparation. So has a thief who posts companions to hold down the owner if the owner tries to stop him. In both, the readiness to use force lifts the theft into Section 307. Base theft is dealt with under Section 303, and aggravated theft from a dwelling under Section 305 of the BNS.
03Key ingredients
The prosecution must prove each of these:
- theft as defined in Section 303 of the BNS;
- the accused had made preparation to cause death, hurt or wrongful restraint, or the fear of these;
- the preparation was for the purpose of committing the theft, escaping after it, or keeping the stolen property.
The offence is complete even if no force is actually used. If force or fear is actually used to commit the theft, the offence may rise to robbery, which carries its own, higher punishment. So the dividing line is whether force was only prepared for, or actually used.
04Old to new: IPC 382 to BNS 307
Section 382 of the IPC is now Section 307 of the BNS. The ingredients and the ten-year ceiling are carried over, and the two classic illustrations remain.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Definition of theft | Section 378 | Section 303(1) |
| Theft by clerk or servant | Section 381 | Section 306 |
| Theft after preparation for death, hurt or restraint | Section 382 | Section 307 |
| Attempt to murder (for contrast) | Section 307 | Section 109 |
The last row is the one to watch. The famous attempt-to-murder number, Section 307 of the IPC, now sits elsewhere in the BNS, while Section 307 of the BNS is this theft offence.
05Punishment and classification
The punishment under Section 307 is rigorous imprisonment for a term which may extend to ten years, and the offender is also liable to a fine.
On classification, the offence under Section 307 is understood to be:
- Cognizable: the police can register an FIR and investigate without prior approval of a court.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by a Magistrate of the first class.
Rigorous imprisonment
Unlike plain theft, Section 307 prescribes rigorous imprisonment because of the readiness to use violence. The ten-year ceiling reflects how close this offence sits to robbery.
06What changed from the old law
For this offence, the substance is carried over from Section 382 of the IPC, including the preparation element and the ten-year ceiling, so older precedents still guide how Section 307 of the BNS is read.
The main change is the number clash. Because "Section 307" was attempt to murder under the IPC, a quick reference to "307" can mislead. When reading charge sheets and orders, confirm the code and map the offence by its name. For base and dwelling-house theft, see Section 305 of the BNS.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cases under Section 307 hinge on proof of preparation and on where courts have drawn the line between this offence and robbery, a line built up over the old Section 382 rulings. Claw lets you follow that case law with a search by section, party or advocate across 9,102 courts, benches and forums, from the Supreme Court in 1950 and High Courts from 1990 onward, returning matches from 30 crore+ judgments in under 5 seconds.
Claw does not use the documents you upload to train its AI models, so your files stay private. Open a free Claw account to see how this theft offence, distinct from the old attempt-to-murder Section 307, has been applied, or to track a live matter by party or advocate name. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 307, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
Is BNS Section 307 the same as attempt to murder?
No. Under the IPC, Section 307 was attempt to murder. Under the BNS, Section 307 is theft after preparation to cause death, hurt or restraint, which was Section 382 of the IPC. Attempt to murder has moved to a different section of the BNS.
What is the punishment under BNS Section 307?
Rigorous imprisonment for a term which may extend to ten years, and a fine. The offence is treated as cognizable and non-bailable.
Does the thief have to actually use violence?
No. The offence is complete if the thief has made preparation to cause death, hurt or restraint for the theft, the escape, or keeping the property. If force or fear is actually used, the offence may rise to robbery.
What is the difference between Section 307 and robbery?
Section 307 punishes theft after preparation to use force, where no force is actually used. Robbery applies where force or fear is actually used to commit the theft. The line is whether the violence was only prepared for or actually used.
Does old case law on IPC Section 382 still apply?
In large part, yes. Because the ingredients and the ten-year ceiling are carried over, judgments on Section 382 of the IPC still guide how Section 307 of the BNS is read.
Can I track a case under BNS Section 307 in Claw?
Yes. You can search Claw by section, party or advocate and pull the matching cases, orders and hearings from 9,102 courts, benches and forums in under 5 seconds. It tracks and researches the matter but does not give legal advice.