Section 303 of the Bharatiya Nyaya Sanhita (BNS) defines theft as the dishonest taking of movable property out of someone else’s possession without consent. This includes actions like moving property, detaching it from the earth, or coaxing animals to carry away belongings. The section also covers situations where reclaiming one’s own property without fulfilling conditions of security or collateral is considered theft.
Punishment:
For a first conviction, the punishment is imprisonment of up to three years, a fine, or both.
For a second or subsequent conviction, the punishment includes rigorous imprisonment of at least one year, extendable up to five years, along with a fine.
If the value of stolen property is less than ₹5,000 and it is the first offense, the offender may perform community service upon returning the property.
How It Protects:
This section upholds property rights by strictly defining theft and ensuring accountability for offenders. The community service provision for minor first-time offenses promotes restorative justice, balancing punishment with societal benefit.
Example:
If someone cuts a tree on another person’s land with the intent to take it, it constitutes theft. Similarly, coercing someone’s dog to follow dishonestly or taking pledged property from a pawnbroker without repayment also falls under this section.
