Assault or Criminal Force in Attempt to Commit Theft of Property Carried by a Person - Section 356
Theft is unfortunately one of the common crimes that happen in almost every single place. Even though people are physically fit but still prefer to earn money from the easy path or maybe through the wrong path. When someone becomes a criminal there is no coming back, it stays with you forever even a person wants to stop doing it but the easy way to get money makes him/her do it again. Theft is a crime which lets the person get money or food, once a person starts getting necessary things by easy way that person won’t be able to do hard work again. In this blog, we will discuss what is IPC 356? What is the punishment for IPC 356 case? Is IPC 356 a bailable offence? How to file/defend your case for IPC 356 offence? Any famous judgment w.r.t. IPC 356 if any? Section 356 Indian Penal Code: Section 356 talks about that if a person uses criminal force or assault on another person to commit theft of the property that person is having or carrying in that case the person or accused committing assault or criminal force liable to be punished. Criminal force: Criminal Force is defined as when a person uses force on another knowing that the force might injure the person or hurt him/her still do it to commit any crime or offence is called criminal force. Assault: Assault is defined as the act where a person causes physical harm or injury to another person or makes unwanted physical contact with a person. Is IPC 356 a cognizable offence or a non-cognizable offence? Criminal force or assault on a person to commit theft of the property the person or victim is carrying with herself/himself is a cognizable offence. Is IPC 356 a bailable or non-bailable offence? Section 356 of the Indian Penal Code is a bailable offence.
What is the punishment for the offence under section 356 of the Indian Penal Code?
If a person is charged under section 356 of the Indian Penal Code and is found guilty that person should be punished with imprisonment for up to two years or liable to be fined or both.
Where is the trial?
It can be trial in front of any magistrate who is having the jurisdiction to trial the case.
Procedure: If a person charged under section 356 of the Indian Penal Code, then the procedure for the case should be like this:
The accused have the right to talk to a lawyer, the accused person needs to find a good criminal lawyer.
The offence is bailable hence unless the magistrate has the reason to deny the bail there is a chance that the accused will get the bail.
The accused has to be present in front of the magistrate during the trial.
On the basis of evidence and proof, the magistrate will decide whether the accused is guilty or not. If the accused found not guilty, he/she will be dismissed from the charges
If a person wants to file a case against someone under section 356 of the Indian Penal Code, then the person should follow these steps:
Find a good criminal lawyer and describe the facts and the case.
The person along with the lawyer has to file an FIR since it is a criminal case under the Indian Penal Code.
On the basis of the FIR if the identity of the accused is known then the police will arrest them if the accused are unknown to the person, then the police will investigate, and then after finding that person police will arrest the person on basis of facts and evidence.
The police will present the accused in front of the magistrate within twenty-four hours.
Once the case is filed the charges will be framed and the trial will begin.
On the basis of evidence and proves the magistrate will pass the judgment.
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Conclusion: Hence it is concluded that if a person is charged under section 356 of the Indian Penal Code or commits assault or criminal force on another person in order to commit theft of the property the person is having or carrying with himself/herself or wearing, then that person is liable to punished with imprisonment for up to two years or shall be liable to fine or both.
This article was drafted by Ms. Charu Shrivastava, B.A.LLB(H), Galgotias University, Greater Noida. U.P.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Assault or criminal Force in Attempt to Commit Theft of Property Carried by a Person | Imprisonment, up to 2 years or fine or both | Cognizable | Bailable | Any Magistrate |
| Offence | Assault or criminal Force in Attempt to Commit Theft of Property Carried by a Person |
|---|---|
| Punishment | Imprisonment, up to 2 years or fine or both |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
