Pakistan Penal Code 1860 · Chapter XVII

PPC Section 382: Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

Section 382 PPC punishes theft where the offender has prepared in advance to cause death, hurt or restraint, or fear of them, in order to commit the theft, to escape afterwards or to keep the stolen property. Actual violence is not needed; the preparation is enough.

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Text of Section 382 PPC

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.

Illustrations

(a) A commits theft on property in Z's possession, and, while committing this theft, he has a loaded pistol under his garment having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

(b) A picks Z's pocket, having posted several of his companions near him, in order that they may restrain Z. if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.

Ingredients of the Offence under Section 382 PPC

Theft as defined in Section 378
Preparation made for causing death, hurt, restraint, or fear of any of these
The preparation was made to commit the theft, to escape, or to retain the property

Punishment under Section 382 PPC

Rigorous imprisonment for up to ten years, and liability to fine.

Is Section 382 PPC Bailable? Cr.P.C. Classification

Cognizable or not	Cognizable (may arrest without warrant)
Warrant or summons	Warrant
Bailable or not	Non-bailable
Compoundable or not	Not compoundable
Triable by	Court of Session or Magistrate of the first class

Source: Code of Criminal Procedure 1898, Schedule II.

FAQs on Section 382 PPC

If no one is hurt, can Section 382 PPC still apply?

Yes. Illustration (a) shows that carrying a loaded pistol, provided to hurt the owner if he resists, is enough even if it is never used.

How is Section 382 different from robbery?

In robbery (Section 390) force or fear is actually used or attempted. Under Section 382 only preparation for it is required.

Is Section 382 PPC bailable?

Under Schedule II of the Code of Criminal Procedure 1898, an offence under Section 382 PPC is non-bailable, cognizable (may arrest without warrant), not compoundable, and triable by Court of Session or Magistrate of the first class.

Related Sections of the Pakistan Penal Code

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