BNS Section 303 — Theft
CHAPTER XVII OF OFFENCES AGAINST PROPERTY
Criminal
Summary
Sub-section (1) defines theft. A person commits theft when they intend to take any movable property dishonestly out of another person's possession without that person's consent, and they move that property in order to take it.
Explanation 1 states that a thing attached to the earth is not movable property and so cannot be the subject of theft, but it becomes movable property as soon as it is severed from the earth.
Explanation 2 states that a moving of property that happens through the same act that severs it from the earth can amount to theft.
Explanation 3 states that a person is considered to cause a thing to move by removing an obstacle that prevented it from moving, or by separating it from another thing, just as much as by actually moving it.
Explanation 4 states that a person who causes an animal to move by any means is considered to move that animal, and also to move everything that is moved by that animal as a result of the motion.
Explanation 5 states that the consent mentioned in this section may be express or implied, and may be given either by the person in possession of the property or by any person who has authority, express or implied, to give that consent.
Illustration (a) gives the example of a person cutting down a tree on another person's ground with the intention of dishonestly taking it. As soon as the tree is severed in order to take it, theft is committed.
Illustration (b) gives the example of a person putting bait for dogs in their pocket to induce another person's dog to follow. If the intention is dishonestly to take the dog, theft is committed as soon as the dog begins to follow.
Illustration (c) gives the example of a person driving a bullock carrying a box of treasure in a certain direction to dishonestly take the treasure. As soon as the bullock begins to move, theft of the treasure is committed.
Illustration (d) gives the example of a servant entrusted with the care of a plate who dishonestly runs away with it without the owner's consent. The servant has committed theft.
Illustration (e) gives the example of a warehouse keeper entrusted with a plate who sells it. Since the plate was not in the owner's possession at the time, it could not be taken out of the owner's possession, so no theft is committed, though criminal breach of trust may have occurred.
Illustration (f) gives the example of a person finding a ring on a table in a house occupied by the owner. The ring is in the owner's possession, so if the person dishonestly removes it, theft is committed.
Illustration (g) gives the example of a person finding a ring lying on a highroad, not in anyone's possession. Taking it does not amount to theft, though it may amount to criminal misappropriation of property.
Illustration (h) gives the example of a person who sees a ring on a table but hides it in a place where it is highly unlikely to be found, intending to take it later and sell it. Theft is committed at the time the ring is first moved.
Illustration (i) gives the example of a person who delivers a watch to a jeweler for regulation and later takes it back by force. Since the person did not act dishonestly, no theft is committed, though criminal trespass and assault may have occurred.
Illustration (j) gives the example of a person who owes money for a watch repair and takes the watch out of the jeweler's possession with the intention of depriving the jeweler of it as a security for the debt. This is theft because it is done dishonestly.
Illustration (k) gives the example of a person who pawns a watch and then takes it out of the pawnbroker's possession without consent without paying the loan. This is theft even though the watch is the person's own property, because it is taken dishonestly.
Illustration (l) gives the example of a person who takes another's article with the intention of keeping it until money is paid as a reward for its restoration. This is theft because it is taken dishonestly.
Illustration (m) gives the example of a person who takes a book from a friend's library without express consent, intending to read it and return it. If the person believed there was implied consent to use the book, no theft is committed.
Illustration (n) gives the example of a person who asks for charity from a man's wife and receives money, food, and clothes known to belong to the husband. If the person believed the wife was authorised to give alms, no theft is committed.
Illustration (o) gives the example of a person who is the paramour of a man's wife and takes valuable property that she has no authority to give. If the property is taken dishonestly, theft is committed.
Illustration (p) gives the example of a person who in good faith believes property belonging to another is their own and takes it. Since the taking is not dishonest, no theft is committed.
Sub-section (2) sets out the punishment for theft. A person who commits theft may be punished with imprisonment of either description for a term up to three years, or with a fine, or with both. In the case of a second or subsequent conviction under this section, the person shall be punished with rigorous imprisonment for a term of not less than one year but which may extend to five years, and also with a fine.
The proviso to sub-section (2) states 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, the person shall, upon return of the value of the property or restoration of the stolen property, be punished with community service.
Official Text
(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.
Related Provisions
theft
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)