Section 382 of Indian Penal Code, 1860 – Explained!
The language used in the section has a little similarity with that used in section 390 under the part when theft becomes robbery. The section is attracted when the offender commits theft after he has made preparation for causing death, hurt or restraint, or fear of either of these, to any person, either in order to commit such theft, or to effect his escape after he has committed theft, or to retain property which he has taken by the theft. The section, it is important to note, does not make any provision for simple imprisonment. The offence under this section is serious.
Committing theft keeping in possession knife which could be used if needed attracts liability under this section. But if the offender uses the knife he would be held guilty of robbery.
The offence under section 382 is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class.
The next part of the chapter of offences against property deals with the offence of extortion under sections 383 to 389, both inclusive.