What is IPC Section 356?
IPC Section 356 punishes assaulting or using criminal force against a person while attempting to commit theft of property that person is then wearing or carrying. This provision specifically targets the physical dimension of snatching offences — where the theft attempt is accompanied by direct contact, a pull, a shove, or any other form of force against the victim's body, as opposed to theft committed by stealth without any physical contact.
Section 356 sits within Chapter XVI of the IPC ("Of Offences Affecting the Human Body"), within the sub-heading "Of Criminal Force and Assault." It works alongside the general provisions on theft (Section 378 onward), but is distinct in that its focus is on the assault or force used against the person, rather than the property offence itself — meaning Section 356 can be charged even where the attempted theft does not succeed, so long as force or assault occurred in the attempt. It is one of the most commonly invoked provisions in urban chain-snatching, phone-snatching, and bag-snatching cases.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 356 IPC now corresponds to Section 134 of the BNS, which retains the identical definition and punishment. FIRs registered before 1 July 2024 continue to be tried under IPC 356; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 356 IPC
Punishment Under Section 356
| Imprisonment | Up to 2 years (simple or rigorous) |
|---|---|
| Fine | Fine, or imprisonment and fine both may be imposed |
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without a warrant |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Any Magistrate |
| Often Charged Alongside | Section 379 (theft), where the property was successfully taken away |
Key Ingredients / Essential Elements
An assault or use of criminal force against the victim
The accused must have assaulted the victim, or used criminal force against them, in the course of the incident.
The force/assault occurred in an attempt to commit theft
The assault or force must have been used specifically in attempting to commit theft, not for some unrelated purpose.
The property must be something the victim was wearing or carrying
The theft attempt must specifically relate to property the victim was wearing (such as jewellery) or carrying (such as a bag or phone) at the time.
Actual theft need not be completed
The offence is complete once the assault or force is used in the attempt — it is not necessary that the theft actually succeed.
What Should You Do — For Complainants and For the Accused
If You Were a Victim of Snatching
- File an FIR immediately, describing the property involved, the force used, and a description of the accused if possible.
- CCTV footage from the area, and any injuries sustained, can be significant evidence in the case.
- If the property was successfully taken away, ensure the FIR also references the relevant theft provision for the additional offence.
If a Complaint Is Filed Against You
- Since the offence is bailable, bail is available as a matter of right.
- A key defence is to challenge whether any actual assault or force was used against the victim's person, as opposed to a case of simple theft or pickpocketing without physical contact.
- Since the offence is non-compoundable, the case will generally proceed to trial unless withdrawn by the prosecution itself.
FIR & Bail Process Under Section 356
Filing the FIR
Being cognizable, an FIR can be registered describing the incident, the force used, and the property targeted.
Investigation
Police investigate to identify the accused, often relying on CCTV footage, witness statements, and recovery of the stolen property where applicable.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial
Since the offence is non-compoundable, the case proceeds to trial before a Magistrate unless the prosecution itself withdraws it.
Important / Landmark Cases on Section 356
Distinguishing Snatching From Simple Theft
Courts have consistently distinguished offences under Section 356 from simple theft by pointing to the presence of assault or criminal force against the victim's person — where property is taken without any physical contact or force, such as classic pickpocketing, Section 356 does not apply and the matter falls under ordinary theft provisions instead.
Section 356 Applies Even Where the Theft Fails
Courts have held that the offence under Section 356 is complete once assault or criminal force is used in an attempt to commit theft — it is not necessary that the accused actually succeed in taking the property, since the section specifically addresses the attempt.