Theft Under BNS – Offences Against Property

Section 303 – Theft

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.

An important aspect of committing theft is that the property should be of movable nature and if at the time of theft is in an immovable state then it cannot be termed as theft.

The property should be taken out of possession of a person without person’s consent, here possession does not co-related to ownership as there can be instances where an owner takes his property from someone’s lawful possession and yet it can be implied as theft if other elements like dishonest intentions etc are met.

Mens Rea is important as it states dishonest intentions while committing the act (Actus Rea) .

An Immovable property if somehow with force or other due actions is converted into a movable property then implications of theft will apply .

Explanations

1. Thing so long as it is attached to the earth, it is termed immovable property is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed/taken out/delinked from the earth.
2. 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.
3. 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

1. 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.
2. 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.
3. 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.
4. 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 authorised to give away alms. If this was A’s impression, A has not committed theft

Punishment

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 case of 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.

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