Sections 378 to 382 of the Indian Penal Code, 1860, which defined theft and its aggravated forms across five separate provisions, have been replaced by Sections 303 and 304 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024. The BNS consolidates the definition, punishment, and aggravated variants of theft into a single Section 303 with graded sub-sections, introduces snatching as a new standalone offence under Section 304, adds community service as an alternative punishment for petty theft of property under Rs 5,000, and expands the scope to cover theft of data and intangible assets.
What changed
| Old law | New law | |
|---|---|---|
| Act | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Section | 378 (definition), 379 (punishment), 380-382 (aggravated forms) | 303 (consolidated theft), 304 (snatching) |
| Title | Theft — five separate provisions | Theft — consolidated with graded punishment plus new snatching offence |
| Change type | Modified — consolidated structure, petty theft provision, snatching offence, data theft coverage |
Full statutory text
Section 378-379 IPC — Theft and Punishment (repealed w.e.f. 1 July 2024)
Section 378: Whoever, intending to take dishonestly any moveable 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 379: 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.
Section 303 BNS — Theft
(1) Whoever, intending to take dishonestly any moveable 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, and shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Provided that where the value of the property stolen does not exceed five thousand rupees and the offender is a first-time convict, the court may, upon the return or restoration of the stolen property, impose community service as an alternative sentence.
(2) Whoever, having been convicted of theft, is again convicted of theft, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
(3) Whoever commits theft in any building, tent, or vessel which is used as a human dwelling or for custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. [Corresponds to Section 380 IPC]
(4) Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft 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. [Corresponds to Section 381 IPC]
(5) 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. [Corresponds to Section 382 IPC]
Section 304 BNS — Snatching (new provision)
Whoever commits theft with the intent to cause any wrongful restraint or fear of any person, by sudden or quick seizure, such act shall be deemed as "snatching" and such person shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Text in bold represents provisions with no equivalent in the IPC.
Key differences
Consolidation of five sections into one: IPC dealt with theft across five sections — definition (378), simple punishment (379), dwelling house (380), clerk/servant (381), and preparation for violence (382). BNS Section 303 combines all of these into a single section with graded sub-sections, improving structural clarity.
Petty theft and community service: BNS Section 303(1) proviso introduces a new concept — where the stolen property is valued at less than Rs 5,000 and the offender is a first-time convict, the court may impose community service instead of imprisonment, provided the property is returned or restored. This has no IPC equivalent.
Enhanced punishment for repeat offenders: BNS Section 303(2) prescribes a mandatory minimum of one year and maximum of five years for a person convicted of theft who commits theft again. The IPC had no specific escalation for repeat theft offenders.
Snatching as a distinct offence: BNS Section 304 creates a new offence of snatching — theft by sudden or quick seizure with intent to cause wrongful restraint or fear. Previously, snatching was prosecuted either as theft under Section 379 or robbery under Section 392, depending on the degree of force used. The new provision fills the gap between simple theft and robbery.
Expanded definition of moveable property: The BNS definition of moveable property is understood to include data, digital assets, and intangible property. This expands the scope of theft to cover data theft through hacking, card skimming, and online fund transfers — matters that were frequently litigated under the Information Technology Act rather than the IPC.
Punishment parity maintained for aggravated forms: The punishment for theft in a dwelling house (7 years), theft by clerk/servant (7 years), and theft after preparation for violence (10 years rigorous imprisonment) remains unchanged from the corresponding IPC provisions.
What this means for practitioners
For drafting and citations: All theft-related FIRs and charge sheets for offences committed on or after 1 July 2024 must cite the specific sub-section of BNS 303 that applies. Practitioners should note that what were previously separate sections now require citing 303(3) for dwelling house theft, 303(4) for clerk/servant theft, and 303(5) for theft after preparation for violence.
For pending cases: Offences committed before 1 July 2024 continue under IPC Sections 378-382. The transitional provisions under Section 531 BNSS preserve the old law for pre-commencement offences.
For snatching cases: Section 304 BNS provides clarity for a category of offence that previously fell into an uncertain zone between theft and robbery. Practitioners should evaluate whether a sudden seizure with intent to cause fear or restraint satisfies the elements of Section 304, which carries a lighter sentence (three years) than robbery under Section 309 (ten years).
For petty theft: Defence practitioners should actively invoke the community service proviso under Section 303(1) for first-time offenders where the stolen property is under Rs 5,000 and has been returned. This represents a significant sentencing alternative that did not exist under the IPC.
Does old case law still apply?
The jurisprudence on theft developed under IPC Sections 378-382 remains substantially applicable to BNS Section 303, as the core definition of theft is retained.
K.N. Mehra v. State of Rajasthan AIR 1957 SC 369 — The Supreme Court held that dishonest intention at the time of taking and movement of property without consent are the two essential ingredients of theft. This foundational interpretation continues to govern BNS Section 303(1).
Pyare Lal Bhargava v. State of Rajasthan AIR 1963 SC 1094 — The Court held that even temporary removal of property from the owner's possession with dishonest intention constitutes theft. This principle remains applicable under the BNS.
For Section 304 BNS (snatching), no pre-existing case law applies as this is a new offence. Courts will develop jurisprudence distinguishing snatching from both simple theft and robbery.
Judicial interpretation under BNS 303-304 (post-July 2024)
No post-July 2024 Supreme Court or Delhi High Court cases directly citing BNS Section 303 (theft) or Section 304 (snatching) were found in the Veritect database. The available theft-related cases from this period continue to adjudicate under IPC Sections 378-382 because the underlying offences pre-dated 1 July 2024.
Emerging patterns
Based on the statutory framework and early practice, the initial approach suggests:
- Community service proviso untested: No reported case has yet applied the community service alternative under BNS Section 303(2) proviso for petty theft under Rs 5,000. The first such application will establish important parameters — whether courts treat it as mandatory upon return of property or retain discretion, and how "community service" will be defined and monitored.
- Snatching prosecutions will develop new jurisprudence: BNS Section 304 fills a previously blurred zone between theft and robbery. Courts will need to develop criteria for distinguishing a "sudden or quick seizure" (snatching under Section 304) from a forcible taking that crosses the threshold into robbery under BNS Section 309.
- Data theft scope remains judicially untested: While BNS Section 303 is understood to cover data and intangible property, no case has yet tested this expanded scope. The interplay between BNS 303 and the Information Technology Act, 2000 in data theft cases will generate significant litigation.
Frequently asked questions
What is the BNS equivalent of Section 379 IPC? Section 303(1) of the Bharatiya Nyaya Sanhita, 2023, combines the definition of theft (formerly Section 378 IPC) and the punishment for simple theft (formerly Section 379 IPC) into a single provision. The maximum punishment of three years remains unchanged.
Is snatching a separate offence under BNS? Yes. Section 304 BNS creates snatching as a distinct offence for the first time in Indian criminal law. It covers theft by sudden or quick seizure with intent to cause wrongful restraint or fear, punishable with up to three years imprisonment and fine.
Does BNS cover data theft? Yes. The expanded understanding of moveable property under the BNS encompasses data, digital assets, and intangible property. Theft of data through hacking, card skimming, or online fund diversion can be prosecuted under Section 303 BNS in addition to provisions of the Information Technology Act, 2000.
What happens for petty theft under BNS? For first-time offenders where the stolen property is valued at less than Rs 5,000 and is returned or restored, the court may impose community service instead of imprisonment under the proviso to Section 303(1) BNS. This option was not available under the IPC.