Sections 303 to 307 of Chapter 17 of the Bharatiya Nyaya Sanhita (BNS), 2023, deal with theft and related offences, including theft, snatching, theft in dwelling house or means of transport or place of worship, theft by a clerk or servant of property in the possession of the owner, theft after preparation for causing death, hurt, or obstruction in order to commit theft, etc.
Sections 303 to 307 of Chapter 17 of the Bharatiya Nyaya Sanhita (BNS), 2023: –
- Section 303 – Theft.
- Section 304 – Snatching.
- Section 305 – Theft in a dwelling house, or means of transportation or place of worship, etc.
- Section 306 – Theft by clerk or servant of property in possession of master.
- Section 307 – Theft after preparation made for causing death, hurt or restraint in order to committing of theft.
Table of Contents
What is Theft?
Theft is a criminal act that involves the unlawful taking of another’s movable property and is prohibited and punishable by law. Any criminal act becomes theft when the elements of that act comply with the provisions of theft given under Section 303(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, such as dishonest intention, movement of possession, movable property, without consent, etc.
Section 303(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the term theft as, “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.”
Section 303(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 provides the explanation for a better understanding of the term theft:
- A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
- A moving effected by the same act which affects the severance may be a theft.
- A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
- A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
- The consent mentioned in this section may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Ingredients of Theft
The following elements are required for a criminal act to be called theft:
| Ingredients of Theft | 1. Dishonest intention 2. Movable property 3. Out of possession 4. Without consent 5. Moving of property |
1. Dishonest intention:
Dishonest intention is the first and most important element of theft. An act done without dishonest intention is not considered theft. Dishonest intention is necessary to commit theft, and it must be present at the time of the theft.
2. Movable property:
Theft involves only movable property; in simple language, theft is considered only when movable property is stolen. Movable property refers to those properties that can be moved from one place to another. Vehicles, jewellery, equipment, books, etc., are some examples of movable property.
3. Out of possession:
To be considered theft, the stolen property must be in someone else’s possession and must have been stolen with the intent to take possession of it. Stealing your own property is not considered theft.
4. Without consent:
Consent plays a very important role in constituting theft or for a criminal act to be called theft, because if a person takes any movable property with the consent of its owner, then it is not considered as theft and if a person takes any movable property without the consent of its owner, then it will be considered as theft.
| With consent | Not considered theft |
| Without consent | Considered theft |
5. Moving of property:
Moving property from one place to another with dishonest intent is also considered theft. Even a slight change in the location of the property is considered theft if there is dishonest intent at the time.
Punishment for theft
The punishment for theft is as follows:
Punishment for theft (General)
Section 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the punishment for theft:
| First Conviction | – Maximum Three Years, or – Fine, or – Both |
| Second or Subsequent Conviction | – Rigorous Imprisonment – Minimum One Year – Extended to Five Year – Fine |
Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine.
Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service.
Punishment for Snatching
Section 304(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the Punishment for Snatching:
| Punishment for Snatching | – Maximum Three Years – Fine |
Section 304(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.
Section 304(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Punishment for Theft in a dwelling house, or means of transportation or place of worship, etc.
Section 305 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the punishment for Theft in a dwelling house, or means of transportation or place of worship, etc.:
| Punishment for Theft in a dwelling house, or means of transportation or place of worship, etc. | – Maximum Seven Years – Fine |
Whoever commits theft—
(a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or
(b) of any means of transport used for the transport of goods or passengers; or
(c) of any article or goods from any means of transport used for the transport of goods or passengers; or
(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local authority,
shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Theft by clerk or servant of property in possession of master
Section 306 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the Punishment for Theft by clerk or servant of property in possession of master:
| Punishment for Theft by clerk or servant of property in possession of master | – Maximum Seven Years – Fine |
Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for Theft after preparation made for causing death, hurt or restraint in order to committing of theft
Section 307 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the Punishment for Theft after preparation made for causing death, hurt or restraint in order to committing of theft:
| Punishment for Theft after preparation made for causing death, hurt or restraint in order to committing of theft | – Rigorous Imprisonment – Maximum Ten Years – Fine |
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 commits 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.
- A picks 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.
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QNA/FAQ
Q1. What is theft?
Ans: Theft is a criminal act that involves the unlawful taking of another’s movable property.
Q2. Which section punishes theft in a residential house, or means of transport, or place of worship, etc.?
Ans: Section 305 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides for punishment for theft in a residential house, or means of transport, or place of worship, etc.
Q3. What is snatching?
Ans: Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.
Q4. Which section punishes theft?
Ans: Section 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, punishes theft.
Q5. Write the elements of theft.
Ans: Following are the elements of theft:
1. Dishonest intention
2. Movable property
3. Out of possession
4. Without consent
5. Moving of property
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