BNS § 303 · In force since 1 July 2024
Section 303 BNS — Theft
The old IPC 378 and 379 in one section. Theft is defined as before. A repeat offender now faces one to five years’ rigorous imprisonment, and a first theft under ₹5,000 can end in community service.
In short
- Replaces
- IPC 379 (now 303(2)) and IPC 378 (now 303(1))
- Punishment
- Up to 3 years, or fine, or both; on a repeat conviction 1 to 5 years’ rigorous imprisonment and fine
- Bail
- Ordinary theft: non-bailable and cognizable. First conviction for theft below ₹5,000 with return of value or restoration: community-service exception; see the table.
- Which law applies
- Offence before 1 July 2024 → IPC 379. On or after → BNS 303(2).
The text
(1)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.
Explanation 1.—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.
Explanation 2.—A moving effected by the same act which affects the severance may be a theft.
Explanation 3.—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.
Explanation 4.—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.
Explanation 5.—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.
(2)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.
Sub-section (1) is followed by sixteen illustrations, (a) to (p), in the Act. The proviso is printed as it appears in the Gazette.
Source: Official BNS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
What changed from the IPC
The definition carried over. Two things are new in the punishment. The comparison below summarises the former IPC provisions; it is not a verbatim reproduction.
IPC 378
Dishonestly moving movable property out of another person’s possession without consent, in order to take it.
BNS 303(1)Same definition
Same words, with the same five Explanations. Renumbered only.
IPC 379
Up to three years of imprisonment, or fine, or both.
BNS 303(2)Repeat-offender term added
… three years, or with fine, or with both and in case of second or subsequent conviction … rigorous imprisonment … not less than one year but which may extend to five years and with fine.
No IPC counterpart
The IPC had no community-service sentence.
BNS 303(2), provisoNew
First conviction, stolen property worth under ₹5,000, value returned or property restored: community service.
Bail, cognizance and court
| Section | Offence | Punishment | Cognizable | Bail | Tried by |
|---|---|---|---|---|---|
| 303(2) | Theft | Up to 3 yrs, or fine, or both; repeat conviction: RI 1–5 yrs and fine | Yes | Non-bailable | Any Magistrate |
| 303(2) proviso | First theft, property worth under ₹5,000, returned or restored | Community service | No | Bailable | Any Magistrate |
BNSS, First Schedule — its punishment entry for 303(2) gives only the repeat-conviction term; the three-year term is from the section itself. Compoundable by the owner of the stolen property, without the court’s permission (BNSS s. 359(1)) — but not where a previous conviction makes the accused liable to the enhanced term (s. 359(7)).
Which law applies
Which section do I charge?
IPC 379
Offence committed on or before 30 June 2024. FIR may be later.
BNS 303(2)
Offence committed on or after 1 July 2024.
The date of the offence decides it — not the date of the FIR or charge-sheet (BNS s. 358; Article 20(1) of the Constitution). The repeat-offender term and community service apply only to a theft committed on or after 1 July 2024.
Charged together with 303
Questions advocates ask
Is 379 IPC bailable?
Theft under BNS 303(2), like IPC 379 before it, is cognizable and non-bailable and triable by any Magistrate. A first theft of property worth under ₹5,000 that falls under the proviso is bailable and non-cognizable. Because the maximum for a first conviction is three years, arrest is still subject to BNSS s. 35(1)(b) and the s. 35(3) notice.
What is community service for theft?
A first-time offender who stole property worth less than ₹5,000, and who returns its value or the property, is to be punished with community service. Community service is a punishment the BNS added to its list in s. 4(f).
Is taking back your own pawned watch theft?
It can be. The Act’s own illustrations treat taking your property out of the possession of someone who lawfully holds it as security, without paying what is owed, as a dishonest taking.