Question: A commits theft on property in Z’s possession. 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. What offence has been committed by A?


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The given metrics suggest that the offence of theft was made out, section 378 r.w. 382 of IPC.


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Section 382 provides for the punishment of theft, if it was carried out after preparation of causing death, grievous hurt or restraint, if situation so warranted in the process of committing, escaping or during the time of retaining the stolen property.

In the given problem, A committed theft on property in Z's possession while having a loaded pistol concealed under his garment, specifically intending to use it in case Z resisted. These actions align with the provisions of Section 382, as they involve the premeditated preparation and possession of a weapon with the aim of causing harm during the act of theft.

Consequently, A would be held liable under Section 382 of the IPC. The punishment for this offense typically involves the rigorous imprisonment which may extend to 10 years, or fine or with both.


Tip: Why would it not be considered robbery?

There was no actual use or attempt to cause an instant threat to life, grievous hurt, or any harm. Moreover, there was no such fear present. If Z was aware of A carrying the pistol, it would amount to robbery. In this case, the pistol was concealed under the garments, and Z was unaware of A's action of carrying it.


Also read:

  1. Question: Describe special features of the Indian Constitution.
  2. Question: Explain the right to freedom of speech and expression with the help of decided cases.
  3. Question: Explain the doctrine of protection against Double Jeopardy.


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