Section 303 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive and well-supported breakdown of Section 303 – Theft under Chapter XVII (Offences Against Property) of the Bharatiya Nyaya Sanhita, 2023 (BNS):
🕵️ What Constitutes Theft (Sub‑section 1)
A person commits theft if they:
Move any movable property,
Dishonestly intend to take it,
Without consent of the possessor; and
The movement is done in order to take it. (myjudix.com)
Clarifications (Explanations):
Immovable to movable: Items fixed to the earth (trees, crops)—theft occurs only once they are severed.
Moving counts: Even shifting via animals or removing obstacles qualifies.
Consent can be express or implied—given either by the possessor or someone authorized to do so.
Illustrations (copied from the Act):
Severing a tree from someone else’s land to take it.
Leading another person’s dog away to steal it.
A servant running off with employer’s plate, dishonestly.
Hiding someone else’s ring to take it later.
Moving an animal with intent to take property. (lawgicalshots.com, drishtijudiciary.com, myjudix.com, timesofindia.indiatimes.com)
🧾 Punishment Structure
Sub‑section (2) outlines the penalties:
1️⃣ First-time conviction:
Up to 3 years imprisonment (simple or rigorous),
Fine,
Or both.
2️⃣ Subsequent conviction(s):
Rigorous imprisonment for 1 to 5 years,
Fine,
Or both.
3️⃣ Minor theft exception:
If stolen property value is < ₹5,000 and it’s the first offence, upon return of the property/value, the court may order community service instead of imprisonment or fine. (sudhirrao.com)
This promotes restorative justice for low-value, first-time offences.
🔍 Key Points
The requirement of dishonesty, possession, consent, and movement mirrors IPC’s definition, but BNS consolidates both definition and punishment into one section. (citizen.complainthub.org, lawgicalshots.com)
Theft is a Cognizable (police can arrest), Bailable offence; trial is by a Magistrate. (litem.in)
The tiered punishment ensures proportionality: harsher on recidivists, leniency for genuine first-time minor offenders.
📝 Real‑World Context
A Madras High Court case (Jebaraj) applied the community‑service provision:
Theft of three truck tyres worth ₹3,000 was treated as a first offence under ₹5,000, qualifying for community service instead of prosecution. The FIR was quashed for procedural errors. (citizen.complainthub.org, drishtijudiciary.com)
🧭 Summary Table
| Component | Details |
|---|---|
| Offence | Dishonestly moving movable property without consent |
| Definitions | Includes movement via severance, animals, implied consent |
| 1st Conviction | Up to 3 years’ jail, fine, or both |
| Repeat Offences | 1–5 years’ rigorous imprisonment + fine |
| Minor Theft (<₹5k) | Option for community service upon first conviction |
| Offence Type | Cognizable, bailable; magistrate-trial |
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