Theft

Is BNS Section 303 bailable?

This is a bailable offence, meaning bail can generally be granted as a matter of right by the police or the court.

What is the punishment under this section?

Sub-clause (2): imprisonment up to 3 years, or fine, or both, for a first conviction of simple theft. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

Yes — this offence can be compounded (settled) between the parties without needing separate court permission, though procedure varies by state.

Why does this section have sub-clauses instead of a single provision?

The BNS consolidated the IPC’s separate definition (Section 378) and punishment (Section 379) provisions into one section with graded sub-clauses, reflecting a broader restructuring approach across the new code, rather than any change to the underlying offence.

Does this change the punishment for basic theft?

No — sub-clause (2), covering a first conviction for ordinary theft, retains the same punishment as the earlier IPC Section 379: up to three years’ imprisonment, or fine, or both.

What triggers an "aggravated" theft charge under this section?

Repeat convictions and certain aggravating circumstances are addressed within this section’s other sub-clauses, while theft from a dwelling house specifically continues to be charged under the separate Section 305, mirroring how IPC Section 380 operated.