Section 303 BNS: Theft

Bare Act 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.

Illustrations.

(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.

(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.

(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.

(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.

(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.

(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.

(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly.

(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.

(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not take dishonestly, he does not commit theft.

Explained in Simple Words

Key Ingredients

• Dishonest intention to take movable property out of the possession of any person
• Absence of express or implied consent of the person in possession
• Moving of the property in order to effect such taking

Punishment

🔒 None under this sub-section

💰 None under this sub-section

Section 303(1) BNS defines theft and prescribes no punishment of its own. Punishment for theft is provided separately in Section 303(2) BNS.

Real-World Example

When This Does Not Apply

• The property is attached to the earth and has not been severed, remaining immovable property
• The taking occurred with the express or implied consent of the person in possession or an authorised representative
• The accused acted under a bona fide belief of ownership without dishonest intention
• The property was not in the possession of any person, such as abandoned goods on a public road
• The property was never moved by the accused or by any means set in motion by the accused

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• 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

Punishment

🔒 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 alone or with imprisonment on first conviction; mandatory fine in addition to rigorous imprisonment on a second or subsequent conviction.

Section 303(2) BNS punishes theft with imprisonment of either description for up to three years, or with fine, or with both. A second or subsequent conviction carries rigorous imprisonment from one year to five years and fine. Where the stolen property is worth less than five thousand rupees on a first conviction, the offender is punished with community service upon return of the value or restoration of the property.

Real-World Example

When This Does Not Apply

• The property was taken with the consent of the owner or person in lawful possession
• The accused acted in good faith under a bona fide claim of right without dishonest intention
• The property was immovable and had not been severed from the earth