Question 1

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

Accepted Answer

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.

Question 2

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

Accepted Answer

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.

Question 3

Can police arrest someone for theft without a warrant?

Accepted Answer

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 Punishment Jail Term, Fines & Sentencing Guidelines

BNS Section 303: (1) Theft (Legacy IPC Section 378)

Statutory Classification Details

Theft