Theft
What this section does
Defines theft as the dishonest taking of movable property out of another's possession without consent, and prescribes punishment. A first-time offender where the stolen property is worth less than ₹5,000 may be sentenced to community service upon return or restoration of the property. Repeat offenders face enhanced mandatory minimum imprisonment.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- First conviction: imprisonment of either description up to 3 years, or fine, or both. If stolen property value is less than ₹5,000 and first conviction, community service upon return/restoration of property. Second or subsequent conviction: rigorous imprisonment of not less than 1 year and up to 5 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused intended to take property dishonestly
- The property is movable
- The property was in the possession of another person
- The taking was without that person's consent (express or implied)
- The accused moved the property in order to effect such taking
Practitioner note
Enhanced mandatory minimum of 1 year rigorous imprisonment applies on second or subsequent conviction. The community service option for first-time offenders (property value < ₹5,000) is a notable departure from the IPC.
- IPC Section 379 — Punishment for theft
Read the official text
For the binding statutory text of BNS Section 303, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 303 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.