Criminal Law

303(2) BNS

Section 303(2) BNS speaks about the punishment for the offence of Theft.

The definition of Theft is 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, is said to commit theft.

Means taking away of anything dishonestly from someone’s possession without consent and knowledge is called Theft.

Section 303(2) of BNS

The Section 303(2) of BNS (Bharatiya Nyaya Sanhita, 2023) is equal to Section 379 of Indian Penal Code (IPC).

It is pertinent to mention here that it would satisfy the definition of theft if the accused takes away any movable property out of the possession of another person though he intended to return it later on.

Punishment for 303(2) BNS

Section 303(2) says that 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.

Ingredients of 303(2) BNS

In order to constitute theft five factors are essential:

(1) Dishonest intention to take property;
(2) The property must be movable;
(3) The property should be taken out of the possession of another person;
(4) The property should be taken without the consent of that person; and
(5) There must be some moving of the property in order to accomplish the taking of it.

303(2) BNS Bailable or Not

The offence of Theft is cognizable and Non-Bailable offence. Any Magistrate can conduct trial for this offence of theft.

However, an accused can file anticipatory bail application when he has any apprehension of arrest by police.

Everyone must aware himself about the law of arrest and bail because at anytime someone can need help for their relative.

Supreme Court Judgments on Theft

The following are few important case laws which may help the readers to under the Theft completely:

Taking Away Things by Mistake is not Theft

When a person takes another man's property believing under a mistake of fact and in ignorance of law, that he has a right to take it, he is not guilty of theft because there is no dishonest intention, even though he may cause wrongful loss.