• Adv Govind Bali
• Criminal Law, Law Student Notes
• August 22, 2026

Offences Against Property under BNS

Official Statutory Structure

The authoritative text is available on India Code — Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs New Criminal Laws portal. Chapter XVII runs from Section 303 to Section 334 and is divided into theft, extortion, robbery and dacoity, criminal misappropriation, criminal breach of trust, receiving stolen property, cheating, fraudulent deeds/dispositions, mischief and criminal trespass.

Part I — Theft and Snatching: Sections 303–307

Section 303 — Theft

Theft is committed when a person, intending to take dishonestly any movable property out of another person’s possession without consent, moves that property in order to such taking. The statutory definition therefore requires five recurring elements:

Theft protects possession, not merely ownership. Even one’s own property may, in appropriate circumstances, be the subject of theft if another has lawful possession and the taking is dishonest. Conversely, mere physical removal without dishonest intention is not theft.

K.N. Mehra v. State of Rajasthan, AIR 1957 SC 369, is a leading authority on dishonest intention in theft. Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094, demonstrates that even temporary removal may amount to theft where dishonest intention and the statutory ingredients are present.

Section 304 — Snatching

The BNS expressly defines snatching. Theft becomes snatching where, in order to commit theft, the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property from a person or from that person’s possession. Snatching is punishable with imprisonment up to three years and fine.

Sections 305–307 — Aggravated Theft

Part II — Extortion, Robbery and Dacoity: Sections 308–313

Section 308 — Extortion

Extortion requires intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security or an instrument capable of becoming valuable security. The BNS illustration expressly recognises threats communicated through an electronic device.

Section 309 — Robbery

Robbery is an aggravated form of either theft or extortion. Theft becomes robbery when, for committing the theft or carrying away the property, the offender causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or restraint. Extortion becomes robbery where the offender is sufficiently present, puts the victim in fear of instant death, hurt or restraint, and thereby induces delivery then and there.

Section 310 — Dacoity

Dacoity is robbery committed or attempted conjointly by five or more persons, counting those present and aiding the commission or attempt. The number five is therefore not merely evidentiary; it is a defining statutory ingredient.

Section 310 also expressly punishes preparation for dacoity, assembly of five or more for dacoity, and belonging to a gang habitually associated with dacoity. These are important exceptions to the general rule that mere preparation is ordinarily not punishable.

Sections 311–313 — Aggravated Robbery and Gang Liability

Part III — Misappropriation, Breach of Trust and Stolen Property

Sections 314–315 — Dishonest Misappropriation

Section 314 addresses dishonest misappropriation or conversion to one’s own use of movable property. Unlike theft, the initial acquisition or possession need not itself be unlawful. Liability may arise because the dishonest conversion occurs later.

Section 315 deals specifically with dishonest misappropriation of property known to have been in the possession of a deceased person at the time of death before it comes into the possession of a person legally entitled to it.

Section 316 — Criminal Breach of Trust

Criminal breach of trust requires entrustment of property or dominion over property, followed by dishonest misappropriation, conversion, use or disposal in violation of law or of a legal contract governing the trust. The offence therefore has two indispensable stages: lawful or recognised entrustment, and subsequent dishonest dealing.

Section 316 separately enhances punishment for breach of trust by carriers, warehouse-keepers, clerks/servants, public servants and persons acting as bankers, merchants, brokers, attorneys or agents. The Supreme Court in Velji Raghavji Patel v. State of Maharashtra, AIR 1965 SC 1433, emphasised the centrality of entrustment; State of Gujarat v. Jaswantlal Nathalal likewise treats entrustment as foundational.

Misappropriation vs Criminal Breach of Trust

Section 317 — Stolen Property

Section 317 defines and punishes receiving, retaining or dealing with stolen property in specified circumstances. The concept extends beyond property taken by theft: depending on the statutory definition, property transferred by extortion or robbery, or affected by criminal misappropriation or breach of trust, may also constitute stolen property until it lawfully returns to the person entitled to possess it.

Part IV — Cheating and Fraudulent Property Dealings

Section 318 — Cheating

Cheating begins with deception. The deception must fraudulently or dishonestly induce the person deceived to deliver property or consent to retention of property, or intentionally induce an act or omission which the person would not otherwise do and which causes or is likely to cause legally recognised harm.

Hridaya Ranjan Prasad Verma v. State of Bihar, (2000) 4 SCC 168, is the classic Supreme Court authority distinguishing cheating from a mere breach of contract. S.W. Palanitkar v. State of Bihar, (2002) 1 SCC 241, and V.Y. Jose v. State of Gujarat, (2009) 3 SCC 78, reinforce the need to identify the requisite dishonest intention and the exact criminal ingredients.

Criminal Breach of Trust vs Cheating

Section 319 — Cheating by Personation

Cheating by personation occurs where cheating is committed by pretending to be another person, knowingly substituting one person for another, or representing that oneself or another person is someone other than who that person really is. Modern impersonation may involve electronic communications, false digital identities or fabricated credentials, but the statutory ingredients must still be proved.

Sections 320–323 — Fraudulent Deeds and Dispositions

Part V — Mischief: Sections 324–328

Section 324 — Mischief

Mischief concerns intentional or knowing interference with property causing destruction, change or diminution of value or utility, accompanied by the statutorily required intention or knowledge of causing wrongful loss or damage. It is different from theft because the object is not necessarily dishonest taking; the gravamen is damaging or adversely altering property or its value/utility.

Sections 325–328 — Aggravated Mischief

Part VI — Criminal Trespass and House-Breaking: Sections 329–334

Section 329 — Criminal Trespass and House-Trespass

Criminal trespass is not established merely because entry is unauthorised. The prosecution must prove the specific criminal intent accompanying entry into or unlawful remaining upon property in another’s possession—such as intent to commit an offence, or to intimidate, insult or annoy the person in possession, as provided by the statute.

House-trespass is the aggravated form of criminal trespass involving entry into or remaining in a building, tent or vessel used as a human dwelling, place of worship or place for custody of property, subject to the statutory definition.

Sections 330–334 — House-Breaking and Aggravated Trespass

High-Yield Distinctions

Important Cases at a Glance

How to Solve a Property-Offence Problem

Frequently Asked Examination Questions

1. Define theft under Section 303 and state its ingredients.
2. What is snatching under Section 304? Distinguish it from theft and robbery.
3. Distinguish theft and extortion.
4. When does theft become robbery?
5. When does extortion become robbery?
6. Distinguish robbery and dacoity.
7. Why is preparation for dacoity punishable?
8. Distinguish dishonest misappropriation and criminal breach of trust.
9. Explain entrustment under Section 316.
10. Distinguish criminal breach of trust and cheating.
11. When does breach of contract amount to cheating?
12. Explain stolen property under Section 317.
13. Define mischief under Section 324.
14. Distinguish criminal trespass and house-trespass.
15. What mental element converts a civil entry dispute into criminal trespass?

Exam Answer Toolkit

One-Minute Revision

Academic note: This material is intended for legal education and examination preparation. Students should consult the latest official BNS and BNSS texts and full judgments for authoritative study.