Theft Under the BNS (Section 303): IPC 378 and 379 Mapping (2026)
What theft means under Section 303 of the Bharatiya Nyaya Sanhita (BNS), the punishment including the new community-service option for petty theft, and how it maps to the old Sections 378 and 379 of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Theft is now Section 303 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. It replaces the old Sections 378 and 379 of the Indian Penal Code (IPC), which defined theft and set its punishment. The punishment is imprisonment up to three years, or a fine, or both. For a first-time petty theft of property worth less than Rs 5,000, the court can order community service. This explainer sets out the ingredients, the punishment, and the old-to-new mapping. Last verified October 2026.
- Provision: theft, Section 303 of the Bharatiya Nyaya Sanhita, 2023.
- Old law: it replaced Sections 378 (definition) and 379 (punishment) of the Indian Penal Code (in force from 1 July 2024).
- Punishment: up to 3 years, or a fine, or both; a repeat conviction carries a 1 to 5 year mandatory minimum; petty first-time theft under Rs 5,000 can draw community service.
- Status: cognizable, non-bailable, triable by any Magistrate (confirm from the BNSS First Schedule).
- Research and tracking: Claw searches 30 crore+ judgments and tracks cases across 9,102 forums.
01What Section 303 of the BNS covers
Section 303(1) of the BNS defines theft. In plain terms, a person commits theft when he dishonestly takes movable property out of the possession of another person, without that person’s consent, and moves it in order to take it.
The ingredients are the familiar ones.
- Dishonest intention: the intention to cause wrongful gain to one person or wrongful loss to another.
- Movable property: the thing taken must be movable. Things attached to the earth are not movable until they are severed.
- Without consent: the property is taken out of the possession of a person who does not agree to the taking.
- Moving the property: the offence is complete once the property is moved to carry out the taking.
Theft turns on a dishonest taking of movable property, without consent, out of another person’s possession.
02Old to new: IPC 378 and 379 become BNS 303
The old IPC used two sections: Section 378 defined theft, and Section 379 set the punishment. The BNS folds both into a single Section 303, with the definition in sub-section (1) and the punishment in sub-section (2).
| Old law (IPC) | New law (BNS) | Topic |
|---|---|---|
| Section 378 | Section 303(1) | Definition of theft |
| Section 379 | Section 303(2) | Punishment for theft |
The definition is carried over, so judgments on what counts as theft under the old law remain good guidance. The punishment part is where the BNS adds something new, as set out below.
03Punishment and classification
Section 303(2) sets the punishment.
- Ordinary theft: imprisonment of either description for a term which may extend to three years, or a fine, or both.
- Second or subsequent conviction: rigorous imprisonment for a term not less than one year, which may extend to five years, and a fine.
- Petty theft, first-time offender: where the value of the stolen property is less than Rs 5,000, and the person is convicted for the first time, the court may order community service on return or restoration of the property.
On classification, theft is a cognizable and non-bailable offence, and it is triable by any Magistrate. Cognizable means the police can register an FIR and investigate on their own.
04What changed from the old law
The definition of theft did not change. What changed is the punishment framework.
- Community service is a new sentence. For the first time, Indian criminal law allows community service as a punishment, and Section 303 uses it for petty first-time theft of property worth under Rs 5,000. This is meant to keep small, first-time offenders out of jail.
- A clearer line for repeat offenders. A second or subsequent conviction now carries a mandatory minimum of one year of rigorous imprisonment.
- Two sections became one. The old split between definition (378) and punishment (379) is now a single section with sub-sections.
For related property offences in the new code, see Section 304 on snatching, Sections 309 and 310 on robbery and dacoity, and Section 308 on extortion.
05Where 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.
Theft cases under Section 303, and under the old Section 379, are charged and litigated in trial courts across India in large numbers. To run such a case you often need to see how courts read dishonest intention, possession, and the new community-service option, and you need to track the live matter. With Claw you can search 30 crore+ judgments and orders by section, party, or advocate, with results in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals, with automatic updates, cause lists, and WhatsApp and email alerts. See how case search works across Indian courts for more.
Claw does not file a case for you and does not replace legal advice. Claw does not use customer case documents to train AI models. There is a free plan for individual advocates. Create a FREE Claw account to search and track cases under this section by party or advocate name.
06Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (the three new criminal laws): mha.gov.in
- Text of BNS Section 303: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the section and the BNSS First Schedule, and take advice from counsel, before you act.
07Frequently asked questions
What is Section 303 of the BNS?
Section 303 of the Bharatiya Nyaya Sanhita, 2023 defines theft and sets its punishment. Theft is dishonestly taking movable property out of another person’s possession without consent. It replaced Sections 378 and 379 of the IPC from 1 July 2024.
Which IPC sections are now BNS Section 303?
Sections 378 and 379 of the Indian Penal Code. Section 378 defined theft and Section 379 set the punishment. The BNS folds both into Section 303, with the definition in sub-section (1) and the punishment in sub-section (2).
What is the punishment for theft under BNS Section 303?
Imprisonment up to three years, or a fine, or both. A second or subsequent conviction carries rigorous imprisonment of one to five years and a fine. For petty first-time theft of property worth under Rs 5,000, the court can order community service on return of the property.
What is the community-service option in Section 303?
For a first-time offender who steals property worth less than Rs 5,000, the court may order community service once the property is returned or restored, instead of jail. Community service is a new form of punishment introduced by the BNS.
Is theft under BNS 303 cognizable and bailable?
Theft is a cognizable and non-bailable offence, triable by any Magistrate, going by the position carried over from the old law. Confirm the classification from the BNSS First Schedule in force on the date of the case.
Can I find theft cases under BNS 303 or IPC 379 in Claw?
Yes. Claw lets you search 30 crore+ judgments and orders by section, party, or advocate in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals. It does not file a case or give legal advice.