Section 303 BNS: Theft

Section 303 of the Bharatiya Nyaya Sanhita, 2023 defines theft and prescribes its punishment. In substance, theft is committed when a person, intending to take movable property dishonestly out of another person's possession without consent, moves that property in order to take it.

Law: Bharatiya Nyaya Sanhita, 2023
Section: 303
Chapter: Chapter XVII - Offences Against Property
Basic punishment: Imprisonment up to three years, or fine, or both
Repeat conviction: Rigorous imprisonment from one year up to five years, and fine
Low-value first offence: Where the stolen property is worth less than Rs. 5,000 and the offender is convicted for the first time, return of value or restoration of property attracts community service

Text of Section 303 BNS

Section 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.

Section 303(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.

Proviso. 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, upon return of the value of property or restoration of the stolen property, the person shall be punished with community service.

Meaning of Theft Under Section 303 BNS

The statutory definition focuses on possession rather than ownership alone. The property must be movable property in the possession of another person, it must be taken without that person's consent, and the accused must move the property with a dishonest intention in order to take it.

Actual removal to a distant place is not necessary. The offence may be complete when the property is first moved with the required dishonest intention and without consent.

Definition of "Dishonestly" Under the BNS

Section 2(7) of the Bharatiya Nyaya Sanhita defines "dishonestly" as doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.

Accordingly, dishonest intention is a central ingredient of theft. A movement of property without the required dishonest intention does not by itself satisfy Section 303.

Essential Ingredients of Theft

For an act to amount to theft under Section 303(1), the following elements must ordinarily be present:

There is movable property.
The property is in the possession of another person.
The accused intends to take that property dishonestly.
The taking is without the consent of the person in possession.
The accused moves the property in order to take it.

Statutory Explanations to Section 303

Property attached to the earth

Property attached to the earth is not movable property while it remains attached. Once severed, however, it may become the subject of theft. The act of severing and moving may itself constitute theft where the other ingredients are present.

What amounts to moving property?

The law treats a person as causing a thing to move not only by physically carrying it, but also by removing an obstacle that prevented movement or by separating the thing from another object.

Moving animals and property carried by animals

A person who causes an animal to move is treated as moving the animal and also anything that moves as a consequence of the animal's movement.

Express or implied consent

Consent may be express or implied. It may come from the person in possession or from another person who has express or implied authority to give such consent.

Statutory Illustrations to Section 303 BNS

(a) A cuts down a tree on Z's ground, intending dishonestly to take the tree out of Z's possession without consent. As soon as A severs the tree in order to take it, A commits theft.

(b) A puts bait for dogs in his pocket and induces Z's dog to follow him. If A intends dishonestly to take the dog out of Z's possession without consent, theft is committed when the dog begins to follow A.

(c) A meets a bullock carrying a box of treasure and drives the bullock in a direction in order dishonestly to take the treasure. When the bullock begins to move, A commits theft of the treasure.

(d) A, being Z's servant and entrusted with the care of Z's plate, dishonestly runs away with the plate without Z's consent. A commits theft.

(e) Z entrusts his plate to A, a warehouse keeper, until Z returns. A sells it. Because the plate was not then in Z's possession, A does not commit theft by taking it out of Z's possession, though the conduct may amount to criminal breach of trust.

(f) A finds Z's ring on a table in Z's house. The ring remains in Z's possession, and A commits theft if A dishonestly removes it.

(g) A finds a ring on a highroad that is not in the possession of any person. Taking it does not amount to theft, though the act may amount to criminal misappropriation of property.

(h) A sees Z's ring on a table in Z's house, hides it where Z is unlikely to find it, intending later to take and sell it. Theft is committed at the first movement of the ring.

(i) A gives a watch to Z, a jeweller, for regulation. If A owes no debt for which Z may lawfully retain the watch and A openly takes it back by force, A may commit other offences but does not commit theft if the act is not dishonest.

(j) If A owes Z money for repairing the watch and Z lawfully retains it as security, A commits theft by taking it dishonestly from Z's possession with intent to deprive Z of that security.

(k) A pawns a watch to Z and takes it back without paying the loan and without Z's consent. A may commit theft even though the watch belongs to A because the dishonest taking is from Z's possession.

(l) A takes Z's article without consent intending to keep it until Z pays a reward for its return. The taking is dishonest and constitutes theft.

(m) A, being friendly with Z, takes a book from Z's library merely to read and return it. If A genuinely believes Z has impliedly consented to such use, A does not commit theft.

(n) A receives money, food and clothes from Z's wife as charity. If A believes she has authority to give such alms, A does not commit theft.

(o) A receives valuable property from Z's wife knowing it belongs to Z and that she has no authority to give it. If A takes it dishonestly, A commits theft.

(p) A, in good faith, believes Z's property to be A's own and takes it from Z's possession. Because A does not act dishonestly, A does not commit theft.

Punishment Under Section 303(2)

Situation	Punishment
Ordinary theft	Imprisonment of either description up to three years, or fine, or both
Second or subsequent conviction under Section 303	Rigorous imprisonment for at least one year and up to five years, and fine
Specified first-time theft below Rs. 5,000, with return of value or restoration of stolen property	Community service

Community Service for Certain First-Time Low-Value Thefts

Section 303 introduces a specific community-service consequence where all the conditions in the proviso are satisfied: the value of the stolen property is less than Rs. 5,000, the person is convicted for the first time, and the value of the property is returned or the stolen property itself is restored.

The proviso is conditional. It should not be read as making every theft below Rs. 5,000 automatically punishable only with community service.

Procedural Classification Under the BNSS First Schedule

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies theft under Section 303(2) as cognizable, non-bailable and triable by any Magistrate. It separately classifies the specified low-value first-time case covered by the community-service proviso as non-cognizable, bailable and triable by any Magistrate.

Section 303 BNS and the Former IPC Theft Provisions

Section 303 BNS consolidates the basic definition and punishment of theft. Under the former Indian Penal Code, the definition of theft was contained in Section 378 and the general punishment was prescribed by Section 379.

The BNS also adds an express repeat-conviction punishment and a community-service proviso for specified first-time low-value thefts.

Frequently Asked Questions

What is theft under Section 303 BNS?

Theft is committed when a person dishonestly intends to take movable property out of another person's possession without consent and moves the property in order to take it.

Is movement of property necessary?

Yes. The section requires movement of the property in order to the taking. The statutory explanations make clear that movement can occur in several ways, including removing an obstacle or causing an animal to move.

Can a person steal property that legally belongs to that person?

In some circumstances, yes. The statutory illustration concerning a pledged watch shows that theft may occur where a person dishonestly takes his own property out of another person's lawful possession without consent.

What is the punishment for a first conviction for ordinary theft?

Section 303(2) provides imprisonment of either description up to three years, or fine, or both.

What is the punishment for a repeat conviction?

A second or subsequent conviction under Section 303 is punishable with rigorous imprisonment for not less than one year and up to five years, together with fine.

When does community service apply?

It applies under the proviso where the stolen property is worth less than Rs. 5,000, the person is convicted for the first time, and the value is returned or the stolen property is restored.

Legal note: This page provides general statutory information. Whether conduct constitutes theft depends on possession, consent, dishonest intention, movement of property, evidence and the facts of the case.

Last reviewed: 10 September 2026.