BACK TO SECTIONS(2002) 7 SCC 419
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 379 provides the standard punishment for ordinary theft — 3 years or fine, bailable. The 3-year maximum allows trial by any Magistrate without needing a Sessions Court. Theft is bailable — bail is available at the police station. The BNS (Section 303) preserves the 3-year maximum but introduces a landmark change: Section 303(2) allows community service as an alternative punishment where the stolen property value is below ₹5,000 and this is a first offence — the first formal non-custodial alternative in India's general penal code, reflecting the BNS's reformative philosophy for minor first offenders.
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 'moving the property' under Section 379.
Practical Scenarios
"Stealing a ₹3,000 mobile phone — Section 379; community service possible if first offence under BNS."
"Picking pockets on a bus — Section 379."
"Stealing a bicycle from outside a shop — Section 379."
Common Queries
Yes — Section 379 is Cognizable and Bailable.
BNS 303(2) allows community service for first-time theft where property value is below ₹5,000 — the first formal non-custodial alternative in India's general penal code.