Is BNS Section 303 (Theft) bailable or non-bailable?

Standard theft under BNS Section 303 is strictly non-bailable. However, a progressive reform rules that if the stolen property is worth less than 5,000 rupees, the offender is a first-timer, and the property is successfully restored, the offence is classified as bailable.

What is the punishment for standard theft under Section 303 BNS?

For a first conviction, it carries imprisonment of either description for a term up to 3 years, or a fine, or both. For a second or subsequent conviction, the law mandates rigorous imprisonment for not less than 1 year, extendable to 5 years, with a mandatory fine. For petty first-time theft (property under ₹5,000, property restored), the court can order Community Service instead of prison.

Can police arrest someone for theft without a warrant?

Yes, standard theft is cognizable, meaning police can arrest without a warrant. However, petty theft under 5,000 rupees by a first-timer is non-cognizable and requires a warrant.

BNS Section 303

BNS Section 303: (1) Theft

Equivalent Legacy Law: IPC Section 378

💡 Simplified Explanation

BNS Section 303 deals with the legal rules and penalties for THEFT. In simple terms: Dishonestly taking someone's movable property out of their possession without their consent.

Real-World Scenario

"Taking a classmate's textbook from their desk when they are not looking, with the intent to keep it."

⚖️ Procedural Classification Summary

Theft

Bailable: Non-bailable (Bail can only be granted by the Judiciary)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Any Magistrate

Punishment: Rigorous imprisonment for not be less than 1 year but which may extend to 5 years and fine. Where value of propertyUpon return of the valueis less than 5,000 rupees.of property or restoration of the stolen property, shall be punished with community service

📜 Official Statutory Provision

IPC section is included as sub section. “Definition” is replaced by “Section” in explanation 5. 303 (2) Punishment for theft. 379 Punishment for subsequent convictions is added.

Bail Status Guide Is Section 303 Bailable? → Sentencing Guide Jail Term & Fine Details →