What is section 303 of BNS?

Section 378 of IPC talks about theft. But now, Section 303 of BNS talks about the offense of theft. Although the basic ingredients of theft are the same, BNS has made some changes in the section. It has added some additional provisions in the theft section. Let’s not understand Section 303 of BNS:

What is section 303 

It states that if any person with the dishonest intention to take a movable property from the possession of another person moves that property with such intention without the other person’s consent, is said to be committing theft of the property. Here also, as in Section 378 of the IPC, the moving of property with dishonest intention made the offense of theft. It is not important that the theft has been committed. The actus reus of theft is the moving of property.

Section 303 also has 5 explanations

• Explanation 1 states that as long as a thing is attached to the earth, it is not subject to theft but if it is severed from the earth, it will become movable property and now can be subject to theft.
• Explanation 2 states that if the moving has been done by the same act of the severance, it may amount to theft of the property.
• Explanation 3 explains the term moving as moving can be effected by removing any obstacle that might prevent it from moving by separating it from another thing or moving it.
• Explanation 4 states that if a person, with the help of any means, moves the animal and moves any other thing in the process of moving the animal, they are said to move that animal or any other thing.
• Explanation 5 states that consent can be implied or expressed. It can be given to a person in possession of the property or to any person who has authority over that property.

Section 303(2) of BNS talks about punishment. If the person has committed theft, then he shall be punishable with 3 years imprisonment, or fine, or both. In case of a second conviction, he shall be punishable with rigorous imprisonment of not less than 1 year but which may extend to five years, and with a fine.

Under the BNS, a provision has also been added in Section 303. This provision was not in the IPC. It states that if a person has committed the offence of stolen property and the value of the property does not exceed Rs 5000 and the person has been convicted for the first time, in such a case court can grant community service to the accused if the accused return the stolen property or return the value of the stolen property.

Community service as a form of punishment

BNS has added community service as a form of punishment. It is a common punishment in Western countries. The purpose of community service is to develop the habit of civic responsibility in the accused.

The community service includes services like trash collection in public places, and maintaining public facilities. It even includes awareness and educational programs. The accused were provided with classes like anger management, drug education, etc.

It even includes charity work like assisting in hospitals or managing food banks etc. The community service will also help the offender in connecting with the society again. It will rejuvenate in him his civic sense and his responsibility towards society.

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