BACK TO SECTIONSBNS 304 is a new provision effective July 1, 2024
BNS 2024ACTIVE FRAMEWORK
Section 304
Snatching
Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
ENTIRELY NEW PROVISION — no IPC equivalent.
2
Addresses the snatching epidemic in Indian cities directly.
3
Non-bailable and cognizable — stronger police powers than ordinary theft.
4
Punishment (3 years) higher than basic theft (up to 3 years) but a standalone specific provision.
THE STATUTE
The Clause
Whoever commits theft by suddenly seizing, or snatching away from a person any moveable property without consent, is said to commit snatching.
Legal Commentary
Section 304 creates 'snatching' as a distinct criminal offence — one of the most significant new provisions in the BNS with no direct IPC equivalent. Under the IPC, snatching was prosecuted as either theft (Section 378/379) or robbery (Section 390/392) depending on whether force was used. This created a prosecution gap: phone snatching from a person's hand — the epidemic form of street crime in urban India — was often too quick and too minor in force to be robbery, yet the opportunistic nature, the directness of the victimisation, and the terror created distinguished it from ordinary theft. The BNS resolves this by creating a specific offence. Snatching is defined as theft committed by suddenly seizing or snatching a moveable property from a person without their consent. The key elements are: (1) it is a form of theft — therefore dishonest intention to take moveable property is required; (2) the taking is by sudden seizure or snatching — a quick, direct taking from the person themselves (not from their bag left unattended); (3) there is no consent. The provision criminalises the phenomenon known colloquially as chain-snatching, phone-snatching, and bag-grabbing — high-frequency urban crimes that have a severe psychological impact on victims, particularly women and the elderly. The punishment of up to 3 years, non-bailable and cognizable, gives police broader powers to act than ordinary theft (which is non-cognizable for first offences), reflecting the legislature's recognition of snatching as a distinct and serious social problem.
Landmark Precedents
Note: No landmark cases yet
RELEVANCE
Jurisprudence will develop as courts interpret the 'sudden seizure' requirement and distinguish snatching from robbery (where force is used) and ordinary theft (where the taking is not from the person).
Case Simulations
"A person on a bicycle who grabs a pedestrian's mobile phone and cycles away in one swift motion — snatching under BNS 304."
"Two men on a motorcycle who grab a woman's gold chain and speed away — snatching under BNS 304."
"A pickpocket who stealthily removes a wallet from a coat pocket without the owner noticing — theft under BNS 303, not snatching (no 'sudden seizure from the person')."
"A mugger who grabs a bag and shoves the owner to the ground — robbery under BNS 161 (force used), not snatching."
Expert Insights
Snatching (Section 304) involves a sudden, quick taking directly from the person without necessarily using force. Robbery (Section 161) requires the use of or threat of immediate violence. A phone grabbed from someone's hand in a swift movement is snatching; threatening or pushing the person before taking it is robbery. The practical test is whether force or fear of force was part of the taking.
Typically snatching — if the rider grabs the chain and rides away in one motion without threatening or harming the person. If the rider drags the person, causes injury, or creates immediate fear of hurt, it may escalate to robbery. The suddenness and quickness that define snatching are characteristic of motorcycle snatching.
No — Section 304 makes snatching non-bailable, giving police and courts stronger tools than for ordinary theft. This reflects the legislature's recognition that snatching is a serious offence despite its brevity, and that regular bail availability would undermine deterrence.