Theft under IPC (Sections 379 and 380): Punishment, Bail and BNS (2026)

Explainer · Criminal Law · IPC and BNS

Updated for 2026 · Claw Editorial

A client says someone took a phone, a bike or cash from a house, and you need to know which section applies, whether the accused can get bail, and what the court can do. Theft is punished under Section 379 of the Indian Penal Code, and under Section 380 if it happens in a dwelling house. This page explains the definition, the difference between the two sections, the punishment, bail, and the FIR and recovery process, with the new BNS numbers. It was last verified in October 2026.

01What theft means in law

Theft is defined in Section 378 of the IPC, and Section 379 gives the punishment. Section 378 says a person commits theft when they intend to take movable property dishonestly out of the possession of another person, without that person’s consent, and move that property in order to take it.

Every theft case turns on these ingredients. The prosecution must prove all of them.

• Dishonest intention: the accused meant to cause wrongful gain to himself or wrongful loss to another. Honest belief that the thing belongs to you can defeat this ingredient.
• Movable property: the thing must be movable, or made movable. Land and things attached to the earth are not movable until they are severed.
• Taking out of possession: the property must be in someone’s possession, and it must be taken from that possession. Property with no owner generally cannot be stolen.
• Without consent: the possessor did not agree, expressly or impliedly.
• Moving the property: the accused must move it in order to take it. Even a small movement can be enough.

Theft needs dishonest intention at the time of taking. If that intention is missing, the case may fail even when the property was moved.

Theft is different from other property offences. In criminal breach of trust the accused is first given the property lawfully. In extortion and robbery there is force or fear. In cheating the owner is deceived into handing the property over. In theft the property is simply taken without consent.

02Section 379 vs Section 380

Section 379 is the general punishment for theft, and Section 380 is a more serious version for theft in a dwelling house. Section 380 applies when the theft is in a building, tent or vessel used as a human dwelling, or used for keeping property safe.

The point most people search for is “house theft IPC”. That is Section 380. A theft from a shop or a vehicle on the road is usually Section 379, but a place used to keep property can fall under 380, so check the facts. Where a servant steals from his master, Section 381 applies. Theft after preparing for death, hurt or restraint is Section 382. These are separate sections with their own punishments.

03Punishment for theft

Under Section 379, theft is punishable with imprisonment of either description for up to three years, or with fine, or with both. Under Section 380, the maximum is seven years, and the accused is also liable to fine.

These are maximums. The court decides the actual sentence based on the value of the property, the role of the accused, past record, and whether the property was recovered. For a first offence involving low value, courts often lean towards a lighter sentence, and they may consider the benefit of probation in suitable cases.

Under the BNS, the position has some changes. Section 303(2) keeps up to three years, or fine, or both, for the general offence. For a repeat offender, the BNS provides rigorous imprisonment of one to five years with fine. It also allows community service for a first-time offender where the property value is below Rs 5,000 and the property is returned.

04Bail and trial

Under the First Schedule of the old CrPC, theft under Section 379 is a cognizable and non-bailable offence, triable by any Magistrate. Section 380 is also cognizable and non-bailable, and triable by a Magistrate of the first class.

Non-bailable does not mean bail is refused. It means bail is not a matter of right, and the court uses its discretion. In practice, courts usually grant bail in ordinary theft cases, because the maximum punishment is limited, the evidence is mostly documentary or recovery based, and long custody serves little purpose.

Courts commonly look at these points while deciding bail:

• the value of the property and whether it has been recovered;
• the criminal history of the accused;
• whether the accused may tamper with evidence or influence witnesses;
• the time already spent in custody.

Where arrest is feared, an application for anticipatory bail can be filed in the Sessions Court or High Court. Since these offences are cognizable, police can arrest without a warrant, but they must follow the arrest safeguards laid down by the Supreme Court for offences punishable up to seven years.

On compounding, theft can be settled with the court’s permission in some cases, since the owner of the property is the victim. Settlement does not bind the court automatically, so it needs to be recorded properly.

05BNS 2023 equivalents

The Bharatiya Nyaya Sanhita, 2023 replaced the IPC. The theft provisions are now grouped under Section 303 and the sections that follow it.

The substance of the definition is largely carried over. A few things are new, such as community service as a punishment for petty first-time theft, and a separate treatment of snatching in Section 304 and organised petty crime in Section 112. For a newly filed FIR, quote the BNS section. For older offences, quote the IPC section.

For related property and document offences, see our explainers on forgery under Sections 467, 468 and 471 IPC and defamation under Sections 499 and 500 IPC.

06FIR and recovery process

A theft case starts with an FIR, and the key step after it is recovery of the property. Here is the usual order.

1. Report and FIR: the owner reports the theft at the police station. Because the offence is cognizable, the police must register the FIR. If they refuse, the complaint can be sent to the Superintendent of Police or taken to the Magistrate.
2. Investigation: police visit the spot, record statements, collect CCTV or call records, and look for the accused.
3. Arrest and recovery: the accused may be arrested, and the stolen property is seized. Recovery is often the strongest piece of evidence in a theft case, and it is usually proved through a seizure memo and witnesses.
4. Interim custody: the owner can apply to the Magistrate for release of the property during the trial, on a bond (supratnama), so he does not wait until the end.
5. Charge sheet and trial: police file the final report and the Magistrate frames charges. Trial follows as a warrant or summons case depending on the offence.

For the defence, the usual lines of argument are no dishonest intention, a claim of right over the property, delay in the FIR, weak identification, and a doubtful recovery. For the prosecution, the focus is proving possession, taking, and recovery. In both cases, past judgments on these points matter, and that is where research becomes the bottleneck.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a theft matter, Claw helps in two honest ways. First, its AI-based case search lets you look for judgments on points like dishonest intention, recovery, or bail in theft cases. The search covers 30 crore+ judgments across 25 High Courts and the Supreme Court and returns results in under 5 seconds. Second, its case management and tracking covers 9,102 forums, so you can follow the case through the Magistrate court, the Sessions Court and the High Court, with hearing alerts. It does not replace your reading of the statute and the facts. Claw also has a free plan for individual advocates, and paid plans for teams. If you handle recovery and collection work too, see legal collections software in India.

08Sources and further reading

• Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023 (official text): indiacode.nic.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This page is general information, not legal advice. Check the current bare act before relying on any section number.

09Frequently asked questions