Bharatiya Nyaya Sanhita, 2023 — Section 134

Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a Person

Section 134 punishes assaulting or using criminal force against a person while attempting to commit theft of property that person is then wearing or carrying, with imprisonment up to two years, or fine, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 134 to old IPC Section 356, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
134	356	Exact

Comparing the two texts word for word, Section 134 is reproduced without any change from old IPC Section 356.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 2 years, or fine, or both (the statute itself: imprisonment of either description up to two years, or fine, or both) — cognizable, bailable, and triable by any Magistrate.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Assault or criminal force during an attempted theft from the person

Explanation (Lexovia's Commentary)

This section targets the specific situation of a snatching-type attempted theft — where the offender assaults or uses criminal force against a person while attempting to steal property that person is wearing or carrying at the time, such as a chain, watch, phone, or bag. It punishes the assault or force used in connection with the attempt, separately from any liability for the underlying attempted theft itself.

Illustration (Lexovia's Own Example)

A grabs at the gold chain around B's neck to snatch it, and in the struggle uses force against B, but B manages to hold on and A flees without the chain. A is liable under Section 134 for the assault or criminal force used while attempting to commit theft of the chain B was wearing.

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Related / Cross-Referenced Sections

FAQs

Does this section apply even if the theft attempt fails?

Yes. The section applies to assault or criminal force used "in attempting to commit theft," so it covers attempts, including ones that do not succeed in taking the property.

Does the property have to be stolen, or is it enough that theft was attempted?

It is enough that theft was attempted on property the victim was then wearing or carrying at the time force or assault was used — actual completion of the theft is not required for this section to apply.

Is this offence bailable?

Per the Quick Reference above, yes — it is cognizable and bailable, triable by any Magistrate.