BNS Section 303: Theft (Old IPC 378 and 379) with Community Service

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The old IPC Section 379 (punishment for theft) is now Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, and the definition of theft in IPC 378 is now Section 303(1). A first conviction still carries up to three years, but the BNS adds a minimum of one year’s rigorous imprisonment (up to five years) for repeat offenders, and community service for a first-time thief who steals property worth less than five thousand rupees and returns it or its value. Ordinary theft is cognizable, non-bailable and triable by any Magistrate.

The mapping

• IPC 378 (definition) to BNS 303(1)
• IPC 379 (punishment) to BNS 303(2)

Aggravated forms were also renumbered: theft in a dwelling house, means of transportation or place of worship is now Section 305 (old IPC 380), and theft by a clerk or servant is Section 306 (old IPC 381). Snatching is a new, separate offence in Section 304.

What is theft? Section 303(1)

Theft is committed when a person, intending to take movable property dishonestly out of the possession of another person without that person’s consent, moves the property in order to take it. Break it into five ingredients:

• Dishonest intention: intention to cause wrongful gain to one person or wrongful loss to another.
• Movable property: land and things attached to the earth cannot be stolen until severed.
• Possession of another: the property must be taken from someone’s possession. Even an owner can commit theft of his own property if it is in another’s lawful possession, such as goods pledged with a pawnbroker.
• Without consent: consent can be express or implied, and can come from the person in possession or anyone authorised by him.
• Moving the property: the slightest movement with that intention completes the offence. Theft does not require that the thief got away.

The five Explanations in brief

• Things attached to the earth become movable, and capable of being stolen, once severed.
• The act of severing can itself be the moving.
• Removing an obstacle, or separating the thing from something else, is moving it.
• Making an animal move counts as moving the animal and everything that moves with it.
• Consent may be express or implied.

Punishment: Section 303(2)

The sub-section has three layers:

1. First conviction: imprisonment of either description up to three years, or fine, or both. Same as IPC 379.
2. Second or subsequent conviction (new): rigorous imprisonment for not less than one year, which may extend to five years, and fine. The IPC had no such minimum for repeat theft under Section 379.
3. Petty theft proviso (new): where the stolen property is worth less than five thousand rupees and the person is convicted for the first time, he “shall be punished with community service” on returning the value of the property or restoring it.

What is community service?

Community service is a new kind of punishment introduced by the BNS. The Explanation to Section 23 BNSS describes it as work that a court may order a convict to perform as a form of punishment that benefits the community, for which the convict gets no pay. The BNS provides it for six situations: Sections 202, 209, 226, 355, 356(2) and the proviso to 303(2). In most of these it is one option among others, but in the theft proviso the words “shall be punished with community service” make it the prescribed punishment when the conditions are met. The BNS and BNSS do not yet lay down detailed standards on the nature or length of such service, a gap commentators have pointed out.

Old vs new: classification table

Compounding: under Section 359(1) BNSS, theft under Section 303(2) can be compounded by the owner of the stolen property without the court’s permission. Theft by clerk or servant (Section 306) needs the court’s permission.

Case law to know

• Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094: a government employee took a file from his office, gave it to an outsider, and brought it back the next day. The Supreme Court held this was theft. Wrongful gain or loss does not have to be permanent; even temporary dishonest removal from the owner’s possession is enough.

Victim of theft? Practical steps

• Report quickly. Theft is cognizable, so the police must register an FIR. You can file at any police station (zero FIR) and, in many states, online through the state police portal or as an e-FIR under Section 173 BNSS. For electronic information, you must sign it within three days for it to be taken on record.
• Give identifying details. Serial numbers, IMEI numbers of phones, bills, photographs and CCTV clips.
• Lost or stolen phone: you can also block it through the Department of Telecommunications’ Sanchar Saathi portal (CEIR), using the FIR or complaint number.
• Get your FIR copy free. Section 173(2) BNSS entitles you to a copy free of cost, which insurers and banks usually require.
• Return of property: recovered property can be released to you by the court on an application, usually on furnishing a bond.

Exam angle

• Mapping: 378 to 303(1), 379 to 303(2), 380 to 305, 381 to 306. Snatching (304) is new.
• Repeat theft now carries a minimum of 1 year RI, up to 5 years, and fine.
• Community service applies only if all three conditions are met: property below Rs 5,000, first conviction, and the property or its value is returned.
• Ordinary theft: cognizable, non-bailable, any Magistrate. The community service limb: non-cognizable, bailable.
• Pyare Lal Bhargava: temporary removal with dishonest intention is theft.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 303 to 306 (official text as published on India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule, Sections 23, 173 and 359
• Supreme Court of India: Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094
• LiveLaw article on community service under the BNS and BNSS