Theft
Dishonestly moving movable property out of another person's possession, without that person's consent, in order to take it (Section 303(1) of the BNS).
Explained
Section 303(1) of the BNS provides that 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, commits theft. It was earlier Section 378 of the IPC, with punishment in Section 379. The elements are a dishonest intention, movable property within Section 2(21), its being in the possession of another, the absence of consent, and a moving of the property in order to take it. The offence is complete once the property is moved; carrying it away is not required.
The Explanations settle recurring points. A thing attached to the earth is not movable property, but becomes the subject of theft as soon as it is severed, and the severing act may itself be the moving. Consent may be express or implied. Because the offence protects possession, an owner may commit theft of his own property from a person holding it lawfully as security, while a person who takes property in good faith believing it to be his own does not act dishonestly. Permanent deprivation is not needed: in Pyare Lal Bhargava v. State of Rajasthan (1962) removing a government file overnight and returning it the next day was held to be theft, because temporary deprivation causes wrongful loss.
Section 303(2) punishes theft with imprisonment up to three years, or fine, or both, and a second or subsequent conviction with rigorous imprisonment of one to five years and fine. Its proviso makes community service the punishment for a first conviction where the stolen property is worth less than five thousand rupees and the value is returned or the property restored. The BNS adds snatching in Section 304.
Examiners test the boundary with related offences. In extortion under Section 308 the property is delivered under fear; robbery under Section 309 adds violence or fear of instant harm; in criminal breach of trust under Section 316 the accused was entrusted with the property; dishonest misappropriation under Section 314 covers property that came into the accused's hands innocently, as by finding, where the dishonest intention arose only later.
What the law says
(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.
Defines theft, its Explanations, Illustrations and punishment
Earlier law: IPC 378. Theft.
In this Sanhita, unless the context otherwise requires,––
(1) “act” denotes as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
Section 2(21) movable property; 2(7) dishonestly
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Explanation lists forms of theft for petty organised crime
Earlier law: IPC New Section
(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.
(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Snatching, a new aggravated form of theft
Earlier law: IPC New Section
Earlier law: Section 378, IPC
Example
Illustration (e) to Section 303 of the BNS: Z, going on a journey, entrusts his plate to A, a warehouse keeper, and A sells it. The plate was not in Z's possession, so A has not committed theft, though he may have committed criminal breach of trust.
For the exam
- Section 303(1) BNS (earlier Sections 378 and 379 IPC).
- Offence complete on moving the property; no need to carry it away.
- Theft is against possession: an owner can steal his own property from a pledgee.
- Temporary taking suffices: Pyare Lal Bhargava (1962).
- First theft under Rs 5,000 with restoration: community service under the proviso to Section 303(2).
537 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- DishonestlyDoing anything with the intention of causing wrongful gain to one person or wrongful loss to another person (Section 2(7) of the BNS).
- Movable propertyUnder Section 2(21) of the BNS, property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth. Other Acts frame it differently.
- Wrongful lossThe loss by unlawful means of property to which the person losing it is legally entitled. Defined in Section 2(37) of the BNS; it is one half of the definition of dishonestly.
- Wrongful gainGain by unlawful means of property to which the person gaining is not legally entitled (Section 2(36) of the BNS). Wrongfully retaining property is gain as much as wrongfully acquiring it.
- Community serviceUnpaid work that a Court orders a convict to perform, as a form of punishment that benefits the community. It is a new punishment under Section 4(f) of the BNS.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.