Section 303 Theft of the Bharatiya Nyaya Sanhita (BNS)
CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of theft
Definition of Theft
303. (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.
Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.—The consent mentioned in this section may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Illustrations.
(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.
(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.
(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.
(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.
(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that Amay conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not take dishonestly, he does not commit theft.
(2) Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine:
Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service.
Explanation of Section 303 Theft of the Bharatiya Nyaya Sanhita (BNS)
Section 303 of the Bharatiya Nyaya Sanhita (BNS) defines the offence of theft. It states that anyone who, with dishonest intent, moves any movable property out of the possession of another person without their consent, commits theft. The law covers various scenarios through explanations and illustrations, making it clear that dishonest intention and removal of the property are key to constituting the offence of theft.
Punishment for theft under Section 303 of BNS
Imprisonment:
- The offender may face imprisonment for a term that may extend up to three years or fine, or both imprisonment and fine can be imposed.
Repeat Offenders:
- In case of a second or subsequent conviction, the punishment increases to rigorous imprisonment for a term not less than one year, which may extend up to five years, along with a fine.
Value of Stolen Property:
- If the value of the stolen property is less than five thousand rupees and it is the offender’s first conviction, the court may impose community service upon the return or restoration of the stolen property.
Ingredients of the Offence:
1. Movable Property: The offence must involve movable property, which means something capable of being carried or moved.
2. Dishonest Intention: The person committing theft must intend to wrongfully gain or cause wrongful loss to the owner.
3. Without Consent: The act must be done without the consent of the person in possession of the property.
4. Movement of Property: The property must be moved from its original position as part of the theft.
Comparison with Section 378 and 379 of the Indian Penal Code (IPC):
Section 378 of IPC: This section defines theft similarly, stating that moving any movable property with dishonest intention from someone’s possession without their consent constitutes theft.
Section 379 of IPC: This section provides the punishment for theft, stating that it is punishable with imprisonment up to three years, or with a fine, or both.
The important difference between the IPC and BNS lies in the additional clause in the BNS regarding community service for first-time offenders where the value of stolen property is less than five thousand rupees.
Particulars Section 303 Theft of the Bharatiya Nyaya Sanhita (BNS):
Bailable: Theft is a bailable offence, meaning the accused can seek bail.
Cognizable: The offence is cognizable, allowing police officers to arrest the accused without a warrant.
Compoundable: Theft is compoundable, meaning it can be settled out of court with the consent of the person whose property was stolen.
Triable by: The offence is triable by a magistrate of the first class.
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Important Case Laws:
1. Sushil Ansal vs State through CBI (2014)
Court’s Observation: The Supreme Court considered the case of someone entrusted with property who dishonestly removed it from its lawful use. The court ruled that dishonestly appropriating property entrusted to a person can also fall under theft if done without the owner’s consent, highlighting that both intention and lack of consent are critical for conviction.
2. Somnath Das vs State of West Bengal (2009)
Honest Belief and Mistake of Fact
Court’s Observation: The court explored the role of honest belief in a theft charge. In this case, the court noted that if an accused honestly believes that the property belongs to him, and such belief is reasonable, no theft is committed. However, the burden of proving such belief lies with the accused.
3. Avtar Singh vs State of Punjab (2014)
Theft and Recovery of Stolen Goods
Court’s Observation: The court discussed the presumption of theft from the recovery of stolen goods. It ruled that unexplained possession of recently stolen property can lead to an inference of theft, unless the accused offers a credible explanation. The court reaffirmed that possession of stolen goods soon after the theft points to the person being involved in the offence.
4. Rama Nand vs State of Himachal Pradesh (1981)
Theft and Criminal Misappropriation
Court’s Observation: The Supreme Court clarified the distinction between theft and criminal misappropriation. In this case, the court held that if a person finds a property that is not in anyone’s possession and dishonestly appropriates it, they may be guilty of criminal misappropriation but not theft, as theft requires removal from someone’s possession.
5. Rakesh Kumar vs State of NCT of Delhi (2008):
This case dealt with theft under IPC Section 378. The Supreme Court reinforced the importance of proving dishonest intention to establish the offence.
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FAQs:
1. What is the punishment for theft under Section 303 of BNS?
Punishment can extend to three years of imprisonment, fine, or both. For subsequent convictions, imprisonment may extend to five years. if the stolen property is valued at less than five thousand rupees, the first-time offender may be punished with community service instead of imprisonment
2. Can first-time offenders get community service as punishment?
Yes, the first-time offender may be punished with community service instead of imprisonment.
3. Is theft compoundable under BNS?
Yes, it can be settled out of court with the victim’s consent.
4. Does the consent of the property owner matter in theft cases?
Yes, taking property without the owner’s consent is essential to constituting theft.
5. What is Section 303 of the BNS?
Section 303(1) of the BNS defines theft as dishonestly taking movable property out of someone’s possession without their consent. The act of moving the property to take it constitutes theft.
6. What is Section 303(2) of the BNS Act?
Section 303(2)outlines the punishment for theft, which can be imprisonment for up to 3 years, a fine, or both. For second offences, it’s a minimum of 1 year to 5 years of rigorous imprisonment and a fine..
7. What is the punishment for theft of money?
Theft of money is treated like any other theft under Section 303, with a punishment of up to 3 years of imprisonment, a fine, or both. Second or subsequent convictions for theft result in 1 to 5 years of rigorous imprisonment and a fine. First-time offenders stealing property valued below ₹5,000 may face community service upon return of the property.
8. How many types of punishment are there in the BNS?
The BNS provides for imprisonment, fines, and community service (in minor, first-time offences). The type of punishment depends on the offence.
