IPC 379 to BNS 303(2): Punishment for theft
Section 379 IPC (1860) replaced by Section 303(2) BNS (2023)
IPC 379 to BNS 303(2) at a Glance
Section 379 IPC (Punishment for theft) is now Section 303(2) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 379 to BNS 303(2)?
Section 379 IPC corresponds to sub-section 2 of Section 303(2) BNS. The standard punishment of imprisonment of either description extending up to three years, or with fine, or with both is preserved. The Bharatiya Nyaya Sanhita introduces two significant reforms: first, a mandatory enhanced penalty for a second or subsequent conviction under this provision, prescribing rigorous imprisonment of not less than one year extending up to five years and with fine; second, a community service proviso where the value of the stolen property is less than five thousand rupees on a first conviction upon return or restoration of the property.
IPC 379 vs BNS 303(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 379 | 303(2) |
| Offence | Punishment for theft | Same |
| Punishment | Imprisonment of either description for a term which may extend to three years | Imprisonment of either description for up to three years on first conviction; rigorous imprisonment for not less than one year and up to five years on a second or subsequent conviction; or community service on first conviction where the stolen property is worth less than five thousand rupees and the property is restored or its value returned. |
| Fine | May be punished with fine alone or with both imprisonment and fine | Fine alone or with imprisonment on first conviction; mandatory fine in addition to rigorous imprisonment on a second or subsequent conviction. |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 379 and BNS 303(2): Bare Act Text Side by Side
Section 379, IPC 1860
Section 303(2), BNS 2023
Ingredients: IPC 379 vs BNS 303(2)
- Commission of theft as defined in Section 378 IPC
- Dishonest moving of movable property out of another person possession without consent
- Commission of theft punishable with imprisonment extending up to three years, or fine, or both
- Enhanced penalty of rigorous imprisonment of not less than one year extending to five years and fine for repeat offenders under Section 303(2) BNS
- Statutory proviso providing community service on first conviction where stolen property is worth less than five thousand rupees and the value is returned or the property restored
What IPC 379 to BNS 303(2) Means for Pending Cases
FAQs: IPC 379 to BNS 303(2)
What changed between Section 379 IPC and Section 303(2) BNS?▼
The basic punishment of imprisonment up to three years or fine remains unchanged. Sub-section 2 of Section 303 BNS adds an enhanced mandatory term of one to five years rigorous imprisonment with fine for repeat offenders, and provides community service for first-time offenders restoring property worth less than five thousand rupees.
Where is Section 379 IPC located in the Bharatiya Nyaya Sanhita?▼
Section 379 IPC is codified as sub-section 2 of Section 303 BNS, under Chapter XVII, Of Offences Against Property.
Does Section 379 IPC or Section 303(2) BNS apply to an act done before 1 July 2024?▼
Section 379 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 379 IPC. Section 303(2) BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·