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) Acommits 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) Apicks 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.
Legal Commentary & Landmark Judgments: Section 307
Section 307 penalises theft committed after preparation having been made for causing death, or hurt, or restraint, or fear of death, hurt, or restraint, in order to the committing of such theft.
Recovery of concealed weapons (daggers, pistols, chloroform) from the accused at the crime scene is vital. Defence can demonstrate that the article was an innocent trade tool (crowbar, electrician pliers).