(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, intending to dishonestly take 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 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, inasmuch 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, inasmuch 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 inasmuch 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 authorized 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 the case of a 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.
Simplified Explanation
Section 303 of the Bhartiya Nyaya Sanhita, 2023 (BNS) defines and punishes theft and provides detailed explanations regarding what constitutes theft, as well as the punishment for committing theft.
Section 303: Theft
1. Definition of Theft:
Theft is defined as the dishonest taking of movable property out of the possession of another person without their consent. The act of theft occurs when the property is moved with the intention of taking it without permission.
- Explanation 1: Movable Property: A thing that is attached to the earth is not considered movable property and cannot be stolen unless it is severed or detached from the earth. Once severed, it becomes movable and can be subject to theft.
- Explanation 2: Moving the Property: If the act of severing the property (e.g., cutting a tree) is combined with moving it, the theft is complete as soon as the movement begins.
- Explanation 3: Causing Movement: A person can be considered to have “moved” an item by either physically moving it or by removing obstacles that prevent its movement (e.g., causing an animal to move an object).
- Explanation 4: Animal Movement: If a person causes an animal to move an item (such as a cart or a box), the movement of the animal is also considered as the movement of the item.
- Explanation 5: Consent: The consent required for theft can be either express (clearly stated) or implied, given by the person in possession of the property or someone authorized to do so.
Illustrations of Theft:
The section provides several examples to illustrate what constitutes theft under different circumstances:
- Illustration (a): Cutting down a tree on someone else’s land with the intent to take it away without permission is considered theft as soon as the tree is severed.
- Illustration (b): Luring a dog away from its owner with the intention of taking the dog without consent is theft as soon as the dog starts following the person.
- Illustration (c): If a person drives a bullock carrying treasure with the intention to steal it, theft occurs as soon as the bullock begins to move.
- Illustration (d): A servant running away with an employer’s property, without consent, is theft.
- Illustration (e): If a person entrusted with property (like a goldsmith) sells it, this may be a case of criminal breach of trust, not theft.
- Illustration (f): If someone finds a lost object (e.g., a ring) in someone’s house and takes it dishonestly, it is theft.
- Illustration (g): If a person finds an object on the street and takes it, there is no theft unless it is misappropriated (such as for personal gain).
- Illustration (h): Taking an object with the intention of selling it later, after hiding it, constitutes theft.
- Illustration (i): Taking a watch forcefully from a jeweler’s shop is not theft if the person does not do so dishonestly.
- Illustration (j): Taking a watch from a jeweler’s shop to avoid paying a debt is theft.
- Illustration (k): Taking a pawned watch without consent is theft.
- Illustration (l): Taking an object with the intention of later demanding money to return it is theft.
- Illustration (m): If a person takes an item from a friend’s library, believing they have implied consent, they may not be guilty of theft.
- Illustration (n): If a person is given charity by someone’s spouse and believes it is authorized, it is not theft.
- Illustration (o): If a person takes property from someone else’s spouse with the knowledge that they do not have permission, it is theft.
- Illustration (p): If a person takes property they believe is theirs (but is actually someone else’s) in good faith, they do not commit theft, as the taking is not dishonest.
2. Punishment for Theft:
The punishment for theft is outlined as follows:
- First Conviction: Imprisonment for up to three years, a fine, or both.
- Subsequent Convictions: If a person is convicted again for theft, they shall be punished with rigorous imprisonment for at least one year, which may extend to five years, along with a fine.
3. Exception for Small Value Theft:
- If the stolen property is worth less than five thousand rupees, and the person is convicted for the first time, they may be punished with community service if the property is returned or restored to its rightful owner.
Key Points:
- Theft is the dishonest taking of movable property from another’s possession without consent.
- The punishment for theft can involve imprisonment, fines, or both, with harsher penalties for repeat offenders.
- Community service can be substituted for imprisonment in cases where the stolen property’s value is under 5,000 rupees, and the property is returned.
- Detailed illustrations help clarify what actions constitute theft in different contexts.
Conclusion:
Section 303 of the Bhartiya Nyaya Sanhita provides a comprehensive definition of theft, with multiple explanations and illustrations to cover a wide range of possible scenarios. It punishes dishonest taking of movable property, ensuring that the law provides both deterrence and clarity for the protection of property rights. The section aims to address theft comprehensively and lays out clear guidelines for both the commission of theft and its legal consequences.
