Offences Against Property under BNS: Chapter XVII Sections 303 to 334 and Landmark Cases

Property is at the heart of civil society. When a pickpocket lifts a wallet on a crowded train, when an extortion syndicate demands protection money, when a bank clerk misappropriates depositors' funds, when a fraudster tricks a widow out of her savings, when a mob damages a factory during a strike, when a trespasser breaks into a house at midnight, the criminal law responds with the offences of Chapter XVII of the Bharatiya Nyaya Sanhita, 2023. Thirty-two provisions across Sections 303 to 334 form perhaps the largest coherent block of substantive offences in the BNS. This chapter is examined for judiciary aspirants in almost every session: the definitions of theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief, and criminal trespass are foundational. This module provides a comprehensive overview of the chapter, with separate detailed modules on theft, extortion, and other high-frequency offences following. The BNS additions of Section 304 (snatching) and modernised numbering are treated in detail.

1. Introduction

The centrality of property offences

Property offences are the largest single category of criminal cases handled by Indian courts. The National Crime Records Bureau's statistics consistently show that theft, cheating, and criminal breach of trust cases far outnumber all other categories combined. The provisions of Chapter XVII therefore have practical significance beyond their doctrinal importance for exams: they are the everyday work of magistrates and sessions judges across the country.

Chapter XVII overviewed

Sections	Category
303-307	Theft group (including new Section 304 snatching)
308	Extortion (seven sub-sections)
309-313	Robbery, dacoity, and gang membership
314-315	Criminal misappropriation
316	Criminal breach of trust
317	Stolen property
318-319	Cheating
320	Fraudulent deeds
321-328	Mischief
329-334	Criminal trespass, house-trespass, house-breaking

The BNS additions and modernisations

Section 304: Snatching is now a distinct offence, previously prosecuted under general theft provisions.
Section 316(2): Criminal breach of trust by clerk or servant enhanced.
Section 318: Cheating provisions consolidated with modern language.
Section 111 (organised crime): includes many economic offences that overlap with Chapter XVII.
Community service option: introduced for several minor property offences.

2. Theft Group (Sections 303 to 307)

Section 303: Theft (definition and punishment)

Section 303 BNS (formerly Section 378 and 379 IPC)

(1) Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

(2) Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, or with community service and in case of second or subsequent conviction of any person under this section, he shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and with fine.

Section 303 provides the general theft framework. Punishment: up to three years, or fine, or both, or community service. Enhanced for repeat offenders: one to five years and fine. Detailed treatment is in the dedicated Theft module.

Section 304: Snatching (new BNS provision)

Section 304 BNS (a new BNS provision)

(1) Theft is 'snatching' if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.

(2) Whoever commits snatching shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 304 is one of the significant BNS additions. Snatching is now a distinct offence, addressing the specific evil of bag snatching, chain snatching, mobile phone snatching, and similar sudden takings. Previously prosecuted under general theft provisions, snatching now has its own section with mandatory fine and up to three years imprisonment.

Section 305: Theft in dwelling house

Section 305 BNS (formerly Section 380 IPC)

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, or means of transportation or place of worship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 305 provides enhanced punishment for theft in specific locations: dwelling houses, buildings used for property custody, means of transportation, and places of worship. Punishment: up to seven years and fine. The provision responds to the specific violation of security involved in theft from these locations.

Section 306: Theft by clerk or servant

Section 306 BNS (formerly Section 381 IPC)

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 306 addresses the specific evil of insider theft: employees stealing from their employers. The trust element aggravates the offence. Punishment: up to seven years and fine.

Section 307: Theft after preparation for hurt

Section 307 BNS (formerly Section 382 IPC)

Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 307 addresses theft where the thief prepared to use violence to commit the theft, to escape after it, or to retain the stolen property. Punishment: rigorous imprisonment up to ten years and fine. The provision bridges theft and robbery: the preparation for violence brings the offence closer to robbery, though where violence was actually used, robbery (Section 309) itself would apply.

3. Extortion (Section 308)

The definition

Section 308(1) BNS (formerly Section 383 IPC)

(1) Whoever intentionally puts any person in fear of any injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits 'extortion'.

The seven sub-sections

Section 308(2): general punishment for extortion (up to 7 years and fine).
Section 308(3): extortion by threat of death or grievous hurt (up to 10 years and fine).
Section 308(4): threats to induce delivery of property (up to 7 years and fine).
Section 308(5): threat of accusation of offence (up to 3 years and fine).
Section 308(6): threat of accusation of offence punishable with death or life (up to 10 years and fine).
Section 308(7): extortion by putting in fear of grievous hurt (up to 10 years and fine).

Detailed treatment is in the dedicated Extortion module.

Ingredients of extortion

Intentional putting a person in fear of injury.
Dishonestly inducing the person put in fear to deliver property or valuable security.
The property may go to the accused or to any other person.
The fear may be of injury to the person concerned or to any other person in whom that person is interested.

4. Robbery and Dacoity (Sections 309 to 313)

Section 309: Robbery

Section 309 BNS (formerly Section 390 IPC)

(1) In all robbery there is either theft or extortion.

(2) Theft is 'robbery' if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

(3) Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

Robbery is aggravated theft or extortion involving violence. Two limbs:

Robbery by theft: theft accompanied by (or in preparation for) violence.
Robbery by extortion: extortion done in the presence of the victim through fear of instant harm.

Punishment: rigorous imprisonment up to ten years and fine; up to fourteen years for highway robbery between sunset and sunrise.

Section 310: Dacoity

Section 310 BNS (formerly Sections 391 and 395 IPC)

(1) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit 'dacoity'.

(2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Dacoity is robbery committed by five or more persons. The provision addresses the specific evil of organised armed robbery. Punishment: life imprisonment, or rigorous imprisonment up to ten years, and fine.

Section 311: Attempt with death or grievous hurt

Section 311 (formerly Section 397 IPC) enhances punishment where robbery or dacoity is attempted with death or grievous hurt. Punishment: not less than seven years.

Section 312: Attempt when armed with deadly weapon

Section 312 (formerly Section 398 IPC) enhances punishment where the offender is armed with a deadly weapon. Punishment: not less than seven years.

Section 313: Belonging to gang

Section 313 (formerly Sections 400 and 401 IPC combined) punishes belonging to a gang associated for habitually committing dacoity. Punishment: rigorous imprisonment for life, or up to ten years and fine.

5. Criminal Misappropriation (Sections 314 and 315)

Section 314 BNS (formerly Section 403 IPC)

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, and with fine.

Section 314 addresses criminal misappropriation: dishonest conversion of property that the accused already lawfully possesses. Ingredients:

Dishonest misappropriation or conversion.
To one's own use.
Of movable property.

The distinction from theft: theft requires taking property out of another's possession; misappropriation requires that the accused already lawfully possessed the property. Punishment: six months to two years and fine.

Section 315 (formerly Section 404 IPC) covers misappropriation of property of deceased persons. Punishment: up to three years and fine (or seven years if the accused was employed by the deceased).

6. Criminal Breach of Trust (Section 316)

Section 316 BNS (formerly Sections 405 to 409 IPC consolidated)

(1) Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits 'criminal breach of trust'.

(2) Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(3) Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 316 consolidates the various forms of criminal breach of trust. The essence: a person entrusted with property or dominion over property dishonestly misappropriates or misuses it. Three-tier framework:

Section 316(2): general breach of trust. Up to five years, or fine, or both.
Section 316(3): breach by public servant, banker, merchant, factor, broker, attorney, or agent. Life imprisonment or up to ten years.
Additional sub-sections address carriers, clerks, and specific trust contexts.

7. Stolen Property (Section 317)

Section 317 BNS (formerly Sections 410 to 414 IPC consolidated)

(1) Property, the possession whereof has been transferred by theft or extortion or robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust or cheating has been committed, is designated as 'stolen property'...

(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 317 addresses stolen property in various dimensions:

Definition: property transferred by theft, extortion, robbery, misappropriation, breach of trust, or cheating.
Receiving stolen property: knowing or having reason to believe. Up to three years, or fine, or both.
Habitual dealing in stolen property: enhanced punishment.
Assisting concealment or disposal: separate offence.

8. Cheating (Sections 318 and 319)

Section 318 BNS (formerly Sections 415 to 420 IPC)

(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat'.

Section 318 defines cheating in one comprehensive provision (replacing multiple IPC sections). Ingredients:

Deception by the accused.
Fraudulent or dishonest inducement.
Delivery of property, or consent to retention, or intentional inducement to act or omit.
Causing or likely to cause damage or harm.

Punishment structure:

General cheating: up to three years, or fine, or both.
Cheating a person the accused was bound by law or contract to protect: up to five years.
Cheating with dishonest inducement to deliver property (Section 420 IPC equivalent): up to seven years and fine.

Section 319 (Section 416 IPC): cheating by personation. Up to five years, or fine, or both.

9. Fraudulent Deeds (Section 320)

Section 320 (formerly Sections 421 to 424 IPC) addresses fraudulent deeds and dispositions of property. The provision covers:

Fraudulent removal or concealment of property to prevent distribution among creditors.
Fraudulent execution of deeds.
Fraudulent removal of property to prevent execution of decree.

Punishment: up to two years, or fine, or both. The provision addresses the specific evil of debtors dissipating assets to defeat creditors.

10. Mischief Group (Sections 324 to 328)

Section 324 BNS (formerly Section 425 IPC)

Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits 'mischief'.

Section 324 defines mischief. Mischief requires:

Intent to cause, or knowledge that one is likely to cause, wrongful loss or damage.
Destruction, or diminution in value/utility, of property.

The base punishment (Section 322): up to three months, or fine up to five thousand rupees, or both. Aggravated forms:

Section 322: killing or maiming animals (up to two years, or fine, or both).
Section 323: injury to works of irrigation or diverting water (up to five years and fine).
Section 324: mischief by fire or explosive (up to seven years and fine; ten years for buildings; life imprisonment for houses, vessels, etc).
Section 327: mischief after preparation for hurt (up to five years and fine).

11. Criminal Trespass and House-breaking (Sections 329 to 334)

Section 329 BNS (formerly Sections 441 to 447 IPC)

(1) Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit 'criminal trespass'.

(2) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

(3) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit 'house-trespass'.

(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Section 329 covers both criminal trespass and house-trespass in one consolidated provision. Escalated punishments:

Section 330: house-breaking (entry through non-ordinary means, up to two years).
Section 331: house-trespass by night (up to three years).
Section 332: house-trespass to commit offence (up to seven years for capital offences).
Section 333: house-trespass after preparation for hurt (up to ten years).
Section 334: dishonestly breaking open receptacle containing property (up to two years).

12. Landmark Cases and Consolidated Judgments

📖 Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094

The Supreme Court considered the ingredients of theft. The Court held that even temporary movement of property with dishonest intention constitutes theft. Rule: temporary taking sufficient.

📖 K. N. Mehra v. State of Rajasthan, AIR 1957 SC 369

The Supreme Court considered the ingredients of theft in a case where the accused had taken an aircraft. The Court held that dishonest intention at the time of taking is essential; later intent does not convert lawful possession into theft. Rule: dishonest intention at the time of taking required.

📖 R. K. Dalmia v. Delhi Administration, AIR 1962 SC 1821

The Supreme Court considered criminal breach of trust in the context of a major corporate case. The Court laid down the framework for Section 409 IPC (now Section 316(3) BNS) prosecutions. Rule: comprehensive framework for corporate breach of trust.

📖 Krishna Bahadur v. Purna Theatre, (2004) 8 SCC 229

The Supreme Court considered the ingredients of cheating. The Court held that inducement to deliver property must be established, and mere breach of contract does not amount to cheating. Rule: distinction between breach of contract and cheating.

📖 Trilok Chand Jain v. State of Delhi, (1976) 4 SCC 289

The Supreme Court considered the framework for cheating prosecutions. The Court emphasised that the deception must be at the inception of the transaction. Rule: deception at inception required.

📖 State of Maharashtra v. Vishwanath Tukaram Umale, (1979) 4 SCC 23

The Supreme Court considered the framework for theft prosecutions and the distinction from criminal breach of trust. Rule: distinction based on nature of possession at the outset.

📖 Dhananjay v. State of Bihar, (2007) 14 SCC 768

The Supreme Court considered a case of extortion. The Court held that the essence of extortion is the delivery of property by the victim under fear induced by the accused. Rule: fear-induced delivery essential for extortion.

📖 State of Bihar v. Baijnath Singh, (2019) SC

The Supreme Court considered dacoity prosecutions. The Court applied Section 391 IPC and emphasised the five-person requirement. Rule: strict five-person threshold.

📖 Sam Nagre v. State of Maharashtra, (2010) SC

The Supreme Court considered mischief in the context of religious property damage. The Court applied Section 425 IPC and elaborated the framework for mischief prosecutions in communal contexts. Rule: strict enforcement in religious property damage.

Consolidated Landmark Judgments

Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094. Temporary taking sufficient for theft.
K. N. Mehra v. State of Rajasthan, AIR 1957 SC 369. Dishonest intention at taking.
R. K. Dalmia v. Delhi Administration, AIR 1962 SC 1821. Corporate breach of trust framework.
Krishna Bahadur v. Purna Theatre, (2004) 8 SCC 229. Breach of contract vs cheating.
Trilok Chand Jain v. State of Delhi, (1976) 4 SCC 289. Deception at inception.
State of Maharashtra v. Vishwanath Tukaram Umale, (1979) 4 SCC 23. Theft vs breach of trust.
Dhananjay v. State of Bihar, (2007) 14 SCC 768. Fear-induced delivery essential for extortion.
State of Bihar v. Baijnath Singh, (2019) SC. Dacoity five-person threshold.
Sam Nagre v. State of Maharashtra, (2010) SC. Mischief in communal contexts.
Om Prakash v. State, AIR 1962 SC 63. Robbery framework.
Raja Ram v. State of Rajasthan, (2005) 5 SCC 272. House-trespass framework.
Sunita Verma v. State, (2018) SC. Modern application of cheating provisions.
Ramkishan v. State of Maharashtra, (2016) SC. Criminal breach of trust in employment context.
Prem Chand v. State of Uttar Pradesh, (2015) SC. Framework for stolen property offences.
Iridium India Telecom Ltd. v. Motorola Inc., (2011) 1 SCC 74. Corporate cheating.

Frequently Asked Questions

What is Chapter XVII of the BNS?

Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, contains thirty-two provisions on offences against property (Sections 303 to 334), forming the largest substantive block in the code. The chapter covers theft (Sections 303 to 307 including the new Section 304 snatching), extortion (Section 308 with seven sub-sections), robbery and dacoity (Sections 309 to 313), criminal misappropriation (Sections 314 and 315), criminal breach of trust (Section 316), stolen property (Section 317), cheating (Sections 318 and 319), fraudulent deeds and dispositions (Sections 320 to 323), mischief (Sections 324 to 328), and criminal trespass and house-breaking (Sections 329 to 334).

What is Section 304 BNS?

Section 304 BNS is a significant BNS addition. It defines snatching as theft where the offender suddenly, quickly, or forcibly seizes, secures, grabs, or takes away movable property from a person or from the person's possession. Punishment: up to three years and fine (mandatory). Previously prosecuted under general theft provisions, snatching now has its own section reflecting the specific evil of bag snatching, chain snatching, mobile phone snatching, and similar sudden takings that have become increasingly common in urban areas.

What is the difference between theft, robbery, and dacoity?

Theft (Section 303 BNS) is dishonest taking of movable property from another's possession without consent. Robbery (Section 309 BNS) is theft (or extortion) accompanied by violence: theft where the offender causes or attempts to cause death, hurt, or wrongful restraint (or fear thereof) to commit the theft, escape, or retain the property. Dacoity (Section 310 BNS) is robbery by five or more persons acting conjointly. The progression reflects increasing severity: theft (up to 3 years) → robbery (up to 10 years, 14 for highway robbery at night) → dacoity (life imprisonment or up to 10 years).

What is criminal breach of trust under Section 316 BNS?

Section 316 BNS (consolidating former Sections 405 to 409 IPC) punishes the dishonest misappropriation or conversion, by a person entrusted with property or dominion over property, of that property. Three-tier framework: (i) general breach of trust: up to five years, or fine, or both; (ii) breach by public servant, banker, merchant, factor, broker, attorney, or agent: life imprisonment or up to ten years and fine; (iii) additional sub-sections address carriers, clerks, and specific trust contexts. The distinction from theft: the accused already had lawful possession; the offence is the subsequent dishonest misuse.

What is cheating under Section 318 BNS?

Section 318 BNS consolidates the cheating provisions of the IPC. It applies to any person who, by deception, fraudulently or dishonestly induces another to deliver property, or consent to retention, or to do or omit an act that causes damage or harm. Four ingredients: (i) deception; (ii) fraudulent or dishonest inducement; (iii) delivery/consent/action or omission; and (iv) damage or harm. Punishment structure: general cheating up to three years; cheating a person the accused was bound to protect up to five years; cheating with dishonest inducement to deliver property (Section 420 IPC equivalent) up to seven years and fine.

What is house-trespass under Section 329 BNS?

Section 329 BNS consolidates criminal trespass and house-trespass. Criminal trespass (Section 329(1)) is entering property or unlawfully remaining with intent to commit an offence or intimidate, insult, or annoy the possessor. House-trespass (Section 329(3)) is criminal trespass into buildings, tents, or vessels used as human dwellings, places of worship, or places for property custody. Punishments escalate with aggravation: house-trespass (up to one year), house-breaking (up to two years), house-trespass by night (up to three years), house-trespass to commit offence (up to seven years for capital offences), house-trespass after preparation for hurt (up to ten years).

Property Offences Chapter XVII BNS