BNS Section 303 (IPC 379): theft and its punishment

The number theft has now, what makes a taking theft, the two classifications in the Schedule, and when community service replaces prison.

Quick answer

Section 303 of the Bharatiya Nyaya Sanhita defines and punishes theft, and replaced sections 378 and 379 of the Indian Penal Code for offences committed on or after 1 July 2024. IPC 379 is now section 303(2): up to three years, or fine, or both. A second or subsequent conviction carries one to five years’ rigorous imprisonment and fine. A first conviction for stealing property worth less than ₹5,000 is punished with community service once the property or its value is returned.

Defines and punishes theft — dishonestly moving movable property out of someone’s possession without their consent.

Now: BNS 303 — Theft
Was: IPC 378 / 379
Punishment: Up to 3 years, or fine, or both · repeat conviction: 1 to 5 years’ rigorous imprisonment and fine · first theft under ₹5,000, returned: community service
Arrest without warrant: Cognizable / Non-cognizable
Bail: Non-bailable / Bailable
Compounding: Compoundable
Tried by: Any Magistrate

Read this first: Theft of property worth less than ₹5,000 has its own row in the Schedule: non-cognizable and bailable, where theft generally is cognizable and non-bailable.

The number it had, and the number it has

Repealed — Indian Penal Code, 1860

IPC 378 / 379

Theft.

In force — Bharatiya Nyaya Sanhita, 2023

BNS 303(1)

Theft.

MergedAlso marked changed

Several provisions of the Indian Penal Code were folded into one section of the Bharatiya Nyaya Sanhita, landing in its sub-sections. So the new number alone is not the answer — the sub-section is.

How this provision was renumbered
IPC 378	becomes BNS 303(1)	merged
IPC 379	becomes BNS 303(2)	merged

Key takeaways

Section 303(1) defines theft, which is complete the moment the property is moved in order to take it; 303(2) punishes it.
The First Schedule gives theft two rows: cognizable and non-bailable generally, but non-cognizable and bailable where the property is worth less than ₹5,000.
A first conviction for theft under ₹5,000 is punished with community service, if the property or its value is returned.
A second or subsequent theft conviction carries a minimum of one year’s rigorous imprisonment, and the case can then no longer be compounded (BNSS s. 359(7)).
The owner can settle a first-offence theft case without the court’s permission, and theft up to ₹20,000 is tried summarily.

What BNS 303 actually requires

Every part below has to be present. This is not a list of factors to be weighed — if one element is missing, the offence is not made out at all, however bad the conduct looks.

An intention to take dishonestly
Intending wrongful gain to one person or wrongful loss to another (s. 2(7)). Taking in good faith, believing the property is your own, is not theft (illustration (p)).
and
Movable property
Property of every kind except land and things attached to the earth (s. 2(21)). A tree becomes movable, and can be stolen, the moment it is severed (Explanation 1).
and
In the possession of another person
Property in nobody’s possession cannot be stolen (illustration (g)). Property held by your spouse, clerk or servant on your account is in your possession (s. 3(3)).
and
Without that person’s consent
Consent may be express or implied, given by the person in possession or by someone with authority (Explanation 5).
and
Moved in order to take it
The offence is complete once the property is moved for the taking — including by removing an obstacle, or by making an animal move (Explanations 3 and 4).

Read from section 303(1), its five Explanations and its illustrations, with the definitions in section 2.

Theft or not? Six of section 303’s own illustrations

TheftIllustration (d)
A servant entrusted with the care of his master’s plate runs off with it.
The plate was still in the master’s possession.
Not theftIllustration (e)
A warehouse-keeper sells plate left with him while the owner travels.
Not in the owner’s possession, so not theft — it may be criminal breach of trust.
Not theftIllustration (g)
A person picks up a ring lying on the highroad.
In nobody’s possession — it may be criminal misappropriation of property.
TheftIllustration (k)
An owner takes back his own pawned watch without repaying the loan.
Taken dishonestly, though the watch is his.
Not theftIllustration (m)
A friend borrows a book to read, believing he has implied consent.
If that was his impression, there is no theft.
Not theftIllustration (p)
Someone takes property believing in good faith that it is his own.
Not taken dishonestly.

Paraphrased from the illustrations to section 303(1). Where it may be criminal breach of trust, see BNS 316.

Is BNS 303 bailable, cognizable and compoundable?

Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.

303(2) — Theft

Arrest
Cognizable
The police may register a case and begin investigating on their own, and may arrest without a warrant from a Magistrate. You do not need a court order to get an investigation started.
Bail
Non-bailable
Bail is discretionary, not unavailable. The court decides, weighing the offence, the evidence and the risk. The word describes who decides, not what they decide.
Compounding
Compoundable
May be compounded by the owner of the property stolen. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).
Tried by
Any Magistrate
Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.

303(2) — Where value of property is less than 5,000 rupees

Arrest
Non-cognizable
The police may not investigate, and may not arrest, without an order from a Magistrate. In practice you go to the Magistrate rather than only to the police station, and an officer who says there is nothing they can do is describing the law correctly rather than refusing you.
Bail
Bailable
Bail is a right, not a request. The officer in charge or the court must release you on bail once you offer it — there is no discretion to refuse.
Compounding
Compoundable
May be compounded by the owner of the property stolen. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).
Tried by
Any Magistrate
Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.

Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 207), and section 359 for compounding.

Which row applies. The Schedule heads the second row with the value alone — “where value of property is less than 5,000 rupees” — and its punishment column for that row repeats the return condition. It does not mention a first conviction; the section’s proviso does.

A column not to rely on. Against the first row, the Schedule’s punishment column prints rigorous imprisonment of one to five years and fine — the second-conviction punishment. The Schedule says that column is only an indication of the substance of the section, so the punishment for a first theft is the one in section 303(2): up to three years, or fine, or both.

Punishment for theft: first conviction, repeat conviction, community service

Section 303(2) sets three outcomes. A first conviction carries imprisonment of either description for up to three years, or a fine, or both. A second or subsequent conviction under section 303 carries rigorous imprisonment of at least one year and up to five, and fine — so neither a fine alone nor simple imprisonment is open to the court. And a first conviction for a theft under ₹5,000, once the property or its value is returned, is punished with community service. Theft from a dwelling or vehicle, and theft by a clerk or servant, are separate offences with seven years (ss. 305, 306).

When theft is punished with community service — all three, or none

Value of the stolen property
Less than ₹5,000
and
The offender’s record
Convicted for the first time
and
What happens to the property
Its value is returned, or the property is restored

All three met

Community service

Any one missing

The ordinary punishment in 303(2)

The proviso to section 303(2), which reads: “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.”

Maximum imprisonment: theft and the offences next to it

BNS 305 — theft in a dwelling, vehicle or place of worshipup to 7 years and fine
BNS 306 — theft by a clerk or servantup to 7 years and fine
BNS 303(2) — second or subsequent convictionthis page1 to 5 years RI and fine
BNS 303(2) — theft, first convictionthis pageup to 3 years, or fine
BNS 317(2) — receiving stolen propertyup to 3 years, or fine
BNS 314 — dishonest misappropriation6 months to 2 years and fine

From the section text. A maximum is a ceiling, not what a court awards; the repeat-theft bar is the only one here with a minimum.

What happens, and how long each part takes

FIR, or referral to the Magistrateon the day
Theft is recorded and investigated without a Magistrate’s order (BNSS ss. 173, 175). Where the under-₹5,000 row applies, the informant is referred to the Magistrate (s. 174(1)).
From here it is not yours to control
Everything below happens on the investigating agency’s timetable and the court’s, not yours. You can follow it and you can be heard in it; you cannot set its pace.
Arrest, or a notice to appearduring investigation
Arrest without warrant on a recorded s. 35(1)(b) condition, or on possession of suspected stolen property (s. 35(1)(e)); otherwise a notice to appear (s. 35(3)).
Recovered propertylisted within 14 days of production
Photographed and listed by the court, then disposed of or delivered (s. 497); property seized by police can be ordered delivered to the person entitled (s. 503).
Charge-sheetwithin 60 days of custody, or bail becomes a right
Custody before a charge-sheet is capped at sixty days (s. 187(3)(ii)). The informant is told of progress within ninety days (s. 193(3)(ii)).
Trialsummary where value is up to ₹20,000
Triable by any Magistrate. A Chief Judicial Magistrate or Magistrate of the first class tries it summarily where the value does not exceed ₹20,000 (s. 283(1)(i)).

The time limits are the BNSS’s own. No provision fixes how long a theft trial takes.

Community service for theft, and the minimum sentence for repeat theft

Community service is one of the punishments listed in section 4 of the Sanhita, at clause (f). The BNSS explains it as work a court orders a convict to perform, as a form of punishment that benefits the community, without payment (s. 23, Explanation). A Magistrate of the first or second class may order it (s. 23(2), (3)).

Section 303(2) uses it in its proviso. All three conditions must be met: the stolen property is worth less than five thousand rupees; the person is convicted for the first time; and the value is paid back or the property restored. Then the words are "shall be punished with community service". If one condition is missing, the proviso does not apply and the ordinary punishment in 303(2) remains.

The same sub-section sets a floor for repeat theft. On a second or subsequent conviction under section 303, the sentence is rigorous imprisonment of at least one year and up to five, and fine.

What section 303(2) provides, by the offender’s record and the value

Situation	Punishment	Can the owner settle it?
First conviction, property under ₹5,000, returned or its value repaid	Community service	Yes, without the court’s permission
First conviction, any other case	Up to 3 years, or fine, or both	Yes, without the court’s permission
Second or subsequent conviction under section 303	Rigorous imprisonment of 1 to 5 years, and fine	No — a previous conviction making enhanced punishment applicable bars compounding (BNSS s. 359(7))

From section 303(2) of the Sanhita and sections 23 and 359 of the BNSS.

If something has been stolen from you: FIR, getting it back, settling

Theft is cognizable, so the information is recorded, you get a free copy, and the police investigate without a Magistrate’s order (BNSS ss. 173(1), (2), 175(1)). If the station refuses to record it, write to the Superintendent of Police by post, and after that to the Magistrate (s. 173(4)). Where the Schedule’s under-₹5,000 row applies, the offence is non-cognizable and the police refer you to the Magistrate instead (s. 174(1)).

Property the police recover is reported to a Magistrate, who may order it delivered to the person entitled to it (s. 503(1), (2)). Property produced in court is listed within fourteen days and photographed (s. 497(2), (3)). A Chief Judicial Magistrate or Magistrate of the first class tries theft summarily where the value does not exceed ₹20,000 (s. 283(1)(i)).

As owner you may compound theft without the court’s permission (s. 359(1)), with the effect of an acquittal (s. 359(8)) — but not where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).

If you have been accused of theft: arrest, bail and custody

An arrested person must be told the particulars of the offence, and their nominee informed (BNSS ss. 47(1), 48(1)). Theft is punishable with up to three years on a first conviction, so arrest without a warrant needs a condition under s. 35(1)(b), recorded; otherwise the police issue a notice to appear (s. 35(3)). A person found with property reasonably suspected to be stolen may be arrested under s. 35(1)(e).

Where the under-₹5,000 row applies the offence is bailable: the police must say so on arrest, and release follows once bail is offered (ss. 47(2), 478(1)). Otherwise bail is the court’s decision (s. 480), with the conditions s. 480(3) requires for Chapter XVII offences. A Magistrate may not release someone twice or more convicted before of a cognizable offence punishable with three to under seven years, save a child, a woman, a sick or infirm person, or for special reason (s. 480(1)(ii)).

Custody before a charge-sheet is capped at sixty days (s. 187(3)(ii)); detention for half the maximum — one-third for a first-time offender — entitles release (s. 479).

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

Bharatiya Nyaya Sanhita, 2023 — sections 2, 4, 303, 304, 305, 306, 314 and 317
Read 13 September 2026. Section 303(1), Explanations 1 to 5, illustrations (a) to (p), and 303(2) with its proviso, quoted from the enacted text.
BNSS, 2023 — First Schedule, the two rows under 303(2)
Printed page 207, read from the page image. Theft: cognizable; non-bailable; any Magistrate. Where value of property is less than 5,000 rupees: non-cognizable; bailable; any Magistrate.
BNSS, 2023 — sections 23, 35, 47, 48, 173, 174, 175, 187, 283, 359, 478, 479, 480, 497 and 503
Sentencing powers and community service, arrest, recording information, custody limits, summary trial, compounding, bail and return of property.
Ministry of Home Affairs — corresponding sections, IPC to BNS
IPC 378 → 303(1), 379 → 303(2); 304 (snatching) a new section. The MHA table as published by UP Police marks 303(2) as changed.

What to do next

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Last reviewed September 2026.