Section 312 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 312 – Bharatiya Nyaya Sanhita, 2023
1. Title and Nature of the Provision
Section 312 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence and punishment for theft.
This section defines theft and prescribes the penal consequences for committing theft in India under the reformed criminal code.
2. Definition of Theft
Under Section 312, a person is said to commit theft when all of the following conditions are met:
Dishonest Intent:
The person acts with dishonest intention; that is, they intend to permanently deprive the owner of their property.
Moving the Property:
The person moves the property, even if slightly, to take it away from the owner or from its lawful possessor.
Wrongful Taking:
The property is taken without the owner’s consent and with the intention of wrongfully retaining it.
Belonging to Another:
The property must belong to someone else; it cannot be the accused’s own property.
In simple terms:
If a person dishonestly takes someone else’s property without permission and moves it with an intention to keep it permanently, they commit theft under Section 312.
3. Illustrations (Typical Examples)
To understand how Section 312 applies, consider these examples:
Example 1:
If A picks up B’s mobile phone from a table in a café and walks away with it intending to keep it — this is theft.
Example 2:
If C finds a wallet on the road and, knowing the owner is alive and identifiable, keeps it watching that no one is around — this is theft (because it was knowingly kept).
4. Elements (Ingredients) of the Offence
For a successful prosecution under Section 312, the following elements must be established:
(i) Dishonest Intention
The accused must have intended to steal — merely picking up property without knowledge or intention to permanently deprive does not constitute theft.
(ii) Movable Property
The thing taken must be movable (e.g., goods, cash, electronics), not land or immovable property.
(iii) Without Consent
There must be no free and voluntary consent of the owner or lawful possessor.
(iv) Deprivation
The act must result in deprivation of the owner’s possession or control of the property.
5. Punishment under Section 312
Section 312 prescribes specific punishment for theft:
Imprisonment:
Up to three years
Fine:
Up to ₹10,000
Or both:
The court may impose both imprisonment and fine depending on the gravity of the offence.
6. Distinguishing Theft from Related Offences
(a) Theft vs. Cheating
Theft: Dishonest taking of property.
Cheating: Inducing a person to deliver property by deception.
Example: If someone lies to get you to hand over your phone — that is cheating, not theft.
(b) Theft vs. Robbery
Robbery involves violence or fear while committing theft.
Example: Snatching a bag from someone by threatening them is robbery (covered under separate sections).
(c) Theft vs. Criminal Misappropriation
Criminal misappropriation occurs when a person is lawfully entrusted with property but dishonestly converts it to their own use.
7. General Principles and Scope
The property must be physically moved — even a slight movement is sufficient.
The offence is complete as soon as the dishonest taking and movement occur.
The prosecution must prove dishonest intention — accidental or mistaken taking is not theft.
8. Policy Rationale Behind Section 312
The law aims to:
Protect individual and public property from unlawful taking.
Penalize dishonest acts that infringe on possession rights.
Differentiate theft from other forms of property misuse under the criminal justice system.
9. Key Highlights to Remember
| Aspect | Summary |
|---|---|
| Offence | Theft |
| Essential Elements | Dishonest intention, movement of movable property, without consent |
| Maximum Punishment | Imprisonment up to 3 years, fine up to ₹10,000, or both |
| Core Focus | Protection of possession and property rights |
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