Punishment for theft

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

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This provision is now BNS Section 303 (Theft) under the Bharatiya Nyaya Sanhita, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

This section punishes theft — dishonestly taking any movable property out of another person's possession, without their consent, with the intention of permanently depriving them of it. The offence is complete the moment the property is moved with dishonest intent, even briefly, regardless of whether the thief is later caught with the goods.

Because it is among the least severe property offences, ordinary theft is bailable and compoundable, meaning the parties can settle the matter privately, and the complainant is entitled to withdraw the case without needing the court's separate approval. Aggravated forms of theft — such as theft from a dwelling house (Section 380) or theft after preparation to cause death or hurt (Section 382) — are dealt with more severely under separate sections.

The corresponding Bharatiya Nyaya Sanhita provision, Section 303, consolidates theft into a single section with graded sub-clauses for basic and aggravated forms.

Punishment Imprisonment up to 3 years, or fine, or both

Triable By Any Magistrate

Bailable Bailable

Cognizable Cognizable

Compoundable Compoundable

Frequently Asked Questions

Is IPC Section 379 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?

Imprisonment up to 3 years, or fine, or both. 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.

What is the difference between theft and robbery?

Theft alone involves no force or fear — simply taking property dishonestly without consent. Robbery is theft (or extortion) committed with the additional element of force, fear, or the threat of instant harm, which is why it is punished far more severely under Section 392.

Does the value of the stolen property change what section applies?

Not directly — the value can influence sentencing within the punishment range, but the offence itself remains theft under Section 379 regardless of value, unless another aggravating factor (like the location or method) brings a different, more specific section into play.

Can a theft case be resolved without going to trial?

Yes — theft under Section 379 is compoundable, meaning the complainant can agree to withdraw the case following a private settlement with the accused, without needing separate permission from the court.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.