BACK TO SECTIONS(2002) 7 SCC 419
BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 378/379 to BNS 303.
2
Community service available for petty theft under ₹5,000 by first-time offenders — historic addition.
3
Standard punishment of up to 3 years preserved for all other theft.
THE STATUTE
The Clause
Whoever, intending to take dishonestly any moveable 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.
Legal Commentary
Section 303 defines and punishes theft — one of the most frequently committed crimes in India and the starting point for the BNS's property offences chapter. The definition requires three elements: (i) dishonest intention; (ii) moveable property; (iii) taken out of someone's possession without their consent. 'Dishonestly' is a key qualifier — accidentally taking the wrong bag at an airport is not theft; deliberately taking someone else's bag knowing it is theirs is. The property must be 'moveable' — land and buildings cannot be 'stolen' in the traditional sense (they are subject to other property offences). The 'without consent' element distinguishes theft from fraud (where consent is obtained through deception) and from robbery (where consent is overcome by force). The BNS introduces a groundbreaking modification for petty theft: where the value of the stolen property is under ₹5,000 and the offender has no prior convictions, community service is available as an alternative to imprisonment. This is one of the most discussed innovations in the BNS — it reflects evidence-based criminal justice policy that short prison sentences for first-time minor property offences cause more harm (family disruption, employment loss, criminalisation exposure) than community-based interventions.
Landmark Precedents
Avtar Singh v. State of Punjab (2002)
RELEVANCE
Theft is complete upon the slightest movement of the property with dishonest intent — even moving stolen goods a centimetre constitutes the taking element under BNS 303.
Case Simulations
"Shoplifting a ₹200 item from a supermarket for the first time — eligible for community service under the petty theft provision."
"Stealing a motorcycle worth ₹80,000 — standard theft, up to 3 years, bailable."
"A domestic worker who steals jewellery from an employer's home — theft, and the domestic context may be considered in sentencing."
"A driver who converts his employer's vehicle to his own use while on a permitted trip — may constitute theft or criminal breach of trust (BNS 316) depending on circumstances."
Expert Insights
Where: (i) the property stolen is worth under ₹5,000; (ii) it is the person's first theft conviction; and (iii) the court determines community service is appropriate given all circumstances. The court retains discretion — it can still impose imprisonment if the specific facts warrant it.
Yes — a pickpocket who takes a wallet from someone's pocket without consent, intending to keep it, commits theft. If the theft involves sudden grabbing (snatching), BNS 304 (a new specific provision) may also apply.
Electricity is not 'moveable property' in the traditional physical sense, but courts have interpreted it as capable of being stolen under the specific circumstances of meter tampering and direct wire tapping. Special electricity laws also specifically address electricity theft.