Code: Section 303 BNS
(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 A may 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:
- Severance from Earth:
A thing attached to the earth is not theft until it is severed.- Example: Cutting down a tree to steal timber.
- Movement Equals Theft:
Moving an item with the same act as severing it is considered theft.- Example: Cutting a tree to take it away.
- Causing Movement:
Even indirect movement, like removing an obstacle, counts as theft.- Example: Removing a fence to drive away a car.
- Animals:
If you cause an animal to move, you are said to have moved the animal.- Example: Driving a bullock carrying goods to steal the goods.
- Consent:
- Can be express (spoken) or implied (understood).
- Given by the owner or someone authorized.
Illustrations
- (a) A cuts down Z’s tree intending to steal it. (Theft)
- (b) A lures Z’s dog with bait, intending to steal the dog. (Theft)
- (c) A drives a bullock carrying treasure to steal the treasure. (Theft)
- (d) A, Z’s servant, runs away with Z’s plate without consent. (Theft)
- (e) A sells Z’s plate (entrusted for safekeeping) without Z’s consent. (Not Theft, but criminal breach of trust)
- (f) A takes Z’s ring from the table (Z’s possession). (Theft)
- (g) A finds a ring on the road, not belonging to anyone. (No Theft, but criminal misappropriation)
- (h) A hides Z’s ring to sell later. (Theft when first moved)
- (i) A forcefully takes his watch from Z without consent. (Not Theft, but assault and trespass)
- (j) A takes a pawned watch without paying back the debt. (Theft)
- (k) A takes back his own pawned watch without permission. (Theft)
- (l) A keeps Z’s property demanding a reward for return. (Theft)
- (m) A takes Z’s book without consent, intending to return it. (No Theft if implied consent exists)
- (n) A receives alms from Z’s wife (if she had authority). (No Theft)
- (o) A receives property from Z’s wife, knowing it belongs to Z. (Theft if taken dishonestly)
- (p) A takes property believing it’s his own by mistake. (No Theft if not dishonest)
Punishment for Theft
- First Conviction:
- Imprisonment: Up to 3 years, or
- Fine, or
- Both.
- Second or Subsequent Conviction:
- Rigorous Imprisonment: 1 to 5 years, plus
- Fine.
- Special Provision (for theft < ₹5,000):
- First-time offenders may be sentenced to community service upon returning the stolen property.
Common Questions and Answers
1. What is considered ‘theft’?
Answer: Taking someone’s movable property without their consent and with dishonest intent.
2. Is taking property accidentally theft?
Answer: No. Theft requires deliberate intent to dishonestly take property.
3. Can I be punished for taking my own property back?
Answer: Yes, if you take it without proper consent, like in cases of pawned items.
4. What if the property is abandoned?
Answer: Not theft if it’s truly abandoned with no owner. But, misappropriation might still apply.
5. What is ‘criminal breach of trust’ vs. ‘theft’?
Answer:
- Theft: Taking property without consent.
- Breach of Trust: Taking property entrusted to you with the intention to dishonestly convert it.
Conclusion
Section 303 BNS aims to safeguard personal property rights by defining theft clearly, focusing on dishonest intent and consent. It balances punishments with considerations for first-time offenders and value of stolen property.
