Section 379 IPC: Punishment for theft

Indian Penal Code, 1860

Section 379 IPC at a Glance

Section 379 IPC deals with punishment for theft. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 303(2) BNS.

Punishment

Imprisonment of either description for a term which may extend to three years

Non-Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

BNS Equivalent

Section 303(2) →

Section 379 IPC Bare Act Text

379. Punishment for theft
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.

Source: Section 379, Indian Penal Code, 1860

Section 379 IPC in Simple Words

Section 379 of the Indian Penal Code (IPC) prescribes the general punishment for the offence of theft. Whoever commits theft is punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable and non-bailable, triable by any Magistrate. The offence is compoundable under Section 320(1) CrPC by the owner of the stolen property without requiring permission from the court.

Ingredients of Section 379 IPC

Commission of theft as defined in Section 378 IPC
Dishonest moving of movable property out of another person possession without consent

Punishment Under Section 379 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years

Fine

May be punished with fine alone or with both imprisonment and fine

Non-Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Section 379 IPC punishes theft with imprisonment of either description for up to three years, or with fine, or with both. The offence is cognizable and non-bailable, triable by any Magistrate, and compoundable by the owner of the property without the permission of the court.

Example of Section 379 IPC

In 2021, at a railway waiting hall in Madurai, Naveen noticed a leather suitcase belonging to a fellow passenger, Devika, placed beside her chair while she was reading a newspaper. Intending to take the suitcase dishonestly without Devika's consent, Naveen lifted it from the floor and carried it out to the station platform. Because the suitcase was movable property in Devika's possession and Naveen moved it without her consent in order to take it dishonestly, he committed theft. Naveen is punishable under Section 379 IPC.

When Section 379 IPC Does Not Apply

Section 379 IPC does not apply when the movable item is removed with the express or implied permission of the person in possession.
Section 379 IPC does not apply when the person taking the item acts without dishonest intent, believing in good faith that the item belongs to them.
Section 379 IPC does not apply when the object remains attached to the earth and has not been severed to become movable property.

Section 379 IPC in the BNS

Section 379 IPC is now covered under Section 303(2) BNS.

Section 379 IPC corresponds to sub-section 2 of Section 303 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.

View detailed comparison (IPC 379 vs BNS 303(2)) →

FAQs on Section 379 IPC

What is the punishment for theft under Section 379 IPC?▼

The punishment is imprisonment of either description for a term extending to three years, or with fine, or with both.

Is Section 379 IPC bailable?▼

No; Section 379 IPC is classified as non-bailable under the First Schedule to the Code of Criminal Procedure.

Is an offence under Section 379 IPC cognizable?▼

Yes; Section 379 IPC is a cognizable offence.

Which court conducts trials under Section 379 IPC?▼

Offences under Section 379 IPC are triable by any Magistrate.

Can an offence under Section 379 IPC be compounded?▼

Yes; Section 379 IPC is compoundable under Section 320(1) CrPC by the owner of the stolen property without the permission of the court.

Does Section 379 IPC define theft?▼

No; theft is defined separately in Section 378 IPC, while Section 379 IPC prescribes the punishment for the offence.

Does Section 379 IPC prescribe a mandatory minimum term of imprisonment?▼

No; Section 379 IPC fixes no mandatory minimum sentence, though the corresponding Section 303(2) BNS introduces a one-year minimum for repeat offenders.

Can an accused be punished with fine alone under Section 379 IPC?▼

Yes; the section provides for imprisonment of either description for a term extending to three years, or with fine, or with both.

What community service provision was added under Section 303(2) BNS?▼

A proviso in Section 303(2) BNS provides community service for first-time offenders where the stolen property is worth less than five thousand rupees and the value is returned or the property restored.

Which section corresponds to Section 379 IPC in the Bharatiya Nyaya Sanhita?▼

Sub-section 2 of Section 303 BNS corresponds to Section 379 IPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·