Sections 378-382 IPC vs Sections 303-307 BNS — Theft, Snatching and Aggravated Theft

In India, Section 303 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced theft under Sections 378 and 379 of the Indian Penal Code, 1860 (IPC) on 1 July 2024. The definition is unchanged, but Section 303(2) adds one to five years for repeat theft and community service for first-time theft under ₹5,000; Section 304 creates snatching.

At a glance

The CrPC First Schedule classified Sections 379, 380 and 381 IPC as cognizable, non-bailable and triable by any Magistrate, and Section 382 as cognizable, non-bailable and triable by a Magistrate of the first class, so classification is unchanged apart from the new community-service entry.

What changed

• Minor edit — Section 303(1) (IPC 378): the definition is word for word the same. In the Explanations, "effects the severance" (Explanation 2) reads "affects the severance" in the enacted BNS text, and Explanation 5 refers to "this section" instead of "the definition". In the Illustrations, (i) reads "jeweler" and "in as much", (o) reads "has no authority" for "has not authority", and (p) reads "out of Z's possession" where the India Code IPC text prints "B's possession".
• Expanded — Section 303(2) (IPC 379): the first-conviction punishment is unchanged. Added: "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".
• New — proviso to Section 303(2): community service where the stolen property is worth "less than five thousand rupees", on a first conviction, "upon return of the value of property or restoration of the stolen property".
• New — Section 304 (snatching): no counterpart in the IPC as enacted by Parliament. State amendments had inserted Sections 379A and 379B in Gujarat (Gujarat Act 6 of 2019) and Sections 382A and 382B in Tripura (Tripura Act 4 of 2019).
• Expanded — Section 305 (IPC 380): clause (a) keeps "any building, tent or vessel used as a human dwelling or used for the custody of property". Clauses (b) to (e) add theft "of any means of transport used for the transport of goods or passengers", "of any article or goods from" such transport, "of idol or icon in any place of worship", and "of any property of the Government or of a local authority". The seven-year punishment is unchanged.
• Identical — Sections 306 and 307 (IPC 381 and 382): same words and same punishments; Section 307 keeps both IPC illustrations (the loaded pistol and the posted companions).
• Modified — "movable property": Section 22 IPC said the words "are intended to include corporeal property of every description"; Section 2(21) BNS says "includes property of every description". The land exclusion is unchanged.
• Minor edit — enhanced punishment after a previous conviction: Section 75 IPC applied to earlier convictions under Chapter XII or XVII; Section 13 BNS applies to Chapter X or XVII. Chapter XVII in both codes covers offences against property.

Statutory text (relevant extract)

Extract, Section 379 IPC (repealed from 1 July 2024):

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.

Extract, Section 303(2) BNS with its proviso:

(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.

Extract, Section 304 BNS (no IPC equivalent):

(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.

(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.

How it works — the ingredients

Section 303(1) has five elements, each drawn from its words:

1. Dishonest intention — "intending to take dishonestly". Under Section 2(7) BNS, "dishonestly" means acting with the intention of causing wrongful gain to one person or wrongful loss to another; Section 2(38) adds that a person loses wrongfully when "wrongfully kept out of any property". Illustration (p): a person who takes property in good faith believing it to be his own does not take dishonestly.
2. Movable property — land and things attached to the earth are excluded, but Explanation 1 says a thing becomes capable of theft "as soon as it is severed from the earth". Illustration (a): cutting down a tree on another's land intending to take it is theft once the tree is severed.
3. Out of the possession of any person — Illustration (e): a warehouse-keeper who sells plate entrusted to him has not taken it out of the owner's possession and so does not commit theft, "though he may have committed criminal breach of trust". Illustration (g): a ring found on the high road, in no one's possession, is not the subject of theft.
4. Without that person's consent — Explanation 5 allows consent to be "express or implied". Illustration (m): borrowing a friend's book believing there is implied consent is not theft.
5. Moving the property "in order to such taking" — Explanations 3 and 4 treat removing an obstacle, or causing an animal to move, as moving. Illustration (b): enticing a dog with bait is theft "as soon as Z's dog has begun to follow A".

Illustrations (j) and (k) show that an owner can commit theft of his own watch where it is lawfully held by another as security.

Aggravation: Section 305 turns on where or what (a dwelling or storehouse, a vehicle, goods in transit, a temple idol, Government property); Section 306 on who (a clerk or servant stealing the employer's property); Section 307 on preparation "for causing death, or hurt, or restraint, or fear" of any of them, to commit the theft, escape or keep the property.

What this means in practice

For the complainant and the investigating officer

• Theft under Section 303(2) is listed as cognizable, so information about it falls under Section 173(1) BNSS, which requires oral information to be reduced to writing and signed, and electronic information to be signed within three days. The First Schedule's explanatory note says its entries indicate the substance of each section and are not the definition or punishment.
• Choose the section by the facts: Section 304 for a sudden grab from the person; Section 305(b) or (c) for a vehicle or goods from a vehicle; Section 305(d) for an idol or icon in a place of worship; Section 305(e) for Government or local-authority property.
• The repeat-conviction term depends on a previous conviction "under this section", so the record of earlier convictions under Section 303 is relevant to the charge and sentence.

For the accused and the advocate

• The community-service proviso has three conditions — value below ₹5,000, a first conviction, and return of the value or restoration of the property. It reads "shall be punished with community service". Section 23 BNSS defines community service as "the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration", and Section 4(f) BNS lists community service as a punishment. Section 8(4) and (5) BNS provide for imprisonment in default of community service.
• Under Section 283(1)(i) BNSS, a Chief Judicial Magistrate or Magistrate of the first class "shall try in a summary way" theft under Sections 303(2), 305 and 306 where the value does not exceed twenty thousand rupees. Section 260(1)(ii) CrPC set the figure at two thousand rupees and said the Magistrate "may, if he thinks fit" try summarily.
• Under Section 359(1) BNSS, theft under Section 303(2) may be compounded by the owner of the property stolen; under Section 359(2), theft by a clerk or servant under Section 306 may be compounded by the owner only with the court's permission. Section 320 CrPC treated Sections 379 and 381 IPC the same way. Sections 304, 305 and 307 are not in either table.
• A finder is not a thief: taking property found in no one's possession can instead be dishonest misappropriation under Section 314 BNS, which now carries imprisonment of not less than six months and up to two years with fine (Section 403 IPC: up to two years, or fine, or both).
• Robbery begins where Section 309(2) is met — death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint, caused or attempted "for that end". A charge under Section 309 on facts that show only a sudden grab can be tested against Section 304.
• Section 13 BNS can still raise the ceiling to imprisonment for life or ten years for a person with an earlier Chapter X or XVII conviction carrying three years or more who commits a further such offence.

Judgments that still matter

K. N. Mehra v. State of Rajasthan, [1957] 1 S.C.R. 623 (1957 INSC 14) — 11 February 1957. A three-Judge Bench upheld the conviction of an Air Force cadet who took a training aircraft on an unauthorised flight and force-landed in Pakistan. The Court identified "the absence of the person's consent at the time of moving, and... the presence of dishonest intention in so taking and at the time" as the essential ingredients, and held that the gain or loss "need not be a total acquisition or a total deprivation"; temporary use and temporary deprivation suffice. The report does not show paragraph numbers. Section 303(1) BNS repeats the operative words of Section 378 IPC, so on a reading of the text this analysis continues to apply.

Pyare Lal Bhargava v. State of Rajasthan, [1963] Supp. 1 S.C.R. 689 (1962 INSC 296) — 22 October 1962. A four-Judge Bench upheld the theft conviction of a Superintendent who took a Government file home overnight so that another person could substitute documents, and returned it the next day. Subba Rao J., for the Court, held that "The loss need not be caused by a permanent deprivation of property but may be caused even by temporary dispossession, though the person taking it intended to restore it sooner or later", relying on Illustrations (b) and (l). The report does not show paragraph numbers. Both illustrations are carried into Section 303 BNS with only punctuation and spelling differences (Illustration (l) reads "therefore" where the India Code IPC text prints "therefor").

Which law applies to your case

Section 358(2) BNS keeps alive any penalty or punishment incurred under the IPC and allows proceedings to be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, a theft committed before 1 July 2024 is charged under Sections 378 to 382 IPC. Procedure in matters pending on that date continues under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars a penalty greater than that under the law in force when the act was done, so, on a reading of that Article, the Section 303(2) repeat-conviction term cannot be imposed for earlier conduct. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 379 IPC? Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 replaces Section 379 IPC, and Section 303(1) replaces the definition in Section 378. A first conviction still carries imprisonment of either description up to three years, or fine, or both. A second or subsequent conviction under Section 303 now carries rigorous imprisonment of not less than one year and up to five years, and fine.

When does community service apply to theft under the BNS? Under the proviso to Section 303(2) BNS, community service applies where the stolen property is worth less than five thousand rupees, the person is convicted for the first time, and the value of the property is returned or the stolen property restored. Section 23 BNSS defines community service as unpaid work ordered by the court as a punishment that benefits the community. Section 379 IPC had no such provision.

Is snatching a separate offence under the BNS? Yes. Section 304(1) BNS says theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes, secures, grabs or takes away movable property from any person or from his possession. Section 304(2) punishes it with imprisonment of either description up to three years and fine. The IPC enacted by Parliament had no snatching section, though Gujarat and Tripura had added state-amendment sections in 2019.

What is the difference between snatching and robbery under the BNS? Snatching under Section 304 is defined by a sudden, quick or forcible seizure made in order to commit theft. Under Section 309(2) BNS, theft becomes robbery when the offender, for that end, voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint. Robbery carries rigorous imprisonment up to ten years under Section 309(4), against three years for snatching.

Is theft bailable under the BNS? The BNSS First Schedule lists theft under Section 303(2) BNS as cognizable, non-bailable and triable by any Magistrate, as the CrPC listed Section 379 IPC. It carries a separate entry for property worth less than 5,000 rupees punishable with community service, shown as non-cognizable and bailable. Sections 304, 305 and 306 are cognizable and non-bailable before any Magistrate; Section 307 is cognizable and non-bailable before a Magistrate of the first class.

Does the BNS make theft of data an offence? The BNS text does not mention data. Theft under Section 303(1) is limited to movable property, and Section 2(21) BNS defines movable property as property of every description except land and things attached to the earth. Section 22 IPC read corporeal property of every description. Whether dropping the word corporeal brings intangible property within theft is a question the text does not answer.

Which law applies to a theft committed before 1 July 2024? Section 358(2) BNS saves any penalty or punishment incurred under the repealed IPC and lets proceedings continue as if the IPC had not been repealed, so on a reading of that text a theft committed before 1 July 2024 is charged under Sections 378 to 382 IPC. Article 20(1) of the Constitution bars a heavier penalty than the law then in force, so, on a reading of that Article, the repeat-conviction term in Section 303(2) BNS cannot be imposed for earlier conduct.

Related

• Section 304 BNS — snatching, a new offence
• Robbery and dacoity: IPC 390-402 vs BNS 309-313
• Criminal breach of trust: IPC 406 vs BNS 316
• Community service — the new punishment
• Summary trial threshold: BNSS 283 vs CrPC 260
• Offence before 1 July 2024 — which law applies
• Sections 410-414 IPC vs Section 317 BNS — Stolen Property
• Section 427 IPC vs Section 324 BNS — Mischief (IPC 425-427 and 440)
• Section 260 CrPC vs Section 283 BNSS — Summary Trials (CrPC 260-265)
• Sections 403–404 IPC vs Sections 314–315 BNS — Dishonest Misappropriation of Property
• Sections 29–31 CrPC vs Sections 23–25 BNSS — Sentencing Powers of Magistrates and Sentences for Several Offences at One Trial
• Sections 6–52A IPC vs Sections 2–3 BNS — General Explanations and Definitions

Sources

• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 2(7), 2(21), 2(36) to 2(38), 4, 8, 13, 303 to 307, 309(2), 314 and 358.
• Indian Penal Code, 1860 (India Code text): Sections 22, 75, 378 to 382 and 403, with the Gujarat (Act 6 of 2019) and Tripura (Act 4 of 2019) state amendments printed there.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 23, 173, 283, 359 and 531, and the First Schedule entries for Sections 303(2) to 307 BNS.
• Code of Criminal Procedure, 1973: Sections 260 and 320 and the First Schedule entries for Sections 379 to 382 IPC.
• Constitution of India: Article 20(1).
• Judgments read in full text: K. N. Mehra v. State of Rajasthan (1957_1_623_634_EN.md); Pyare Lal Bhargava v. State of Rajasthan (S_1963_1_689_699_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.