Section 347 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 347 — Bharatiya Nyaya Sanhita (BNS), 2023
Title of Section 347
“Punishment for Theft”
Substance of Section 347
Section 347 defines theft and prescribes punishment for it. It states that:
Whoever dishonestly takes any movable property out of the possession of another without the consent of that person, with the intention of permanently depriving them of it, commits theft and shall be punished with imprisonment, fine, or both as provided under this Sanhita.
In simpler terms:
Theft occurs when a person takes someone else’s movable property without permission,
Intends to keep it permanently,
And does so dishonestly.
Purpose and Rationale
The rationale behind Section 347 is:
Protection of Property – The law safeguards individuals’ right to possess and enjoy their property.
Deterrence – Punishing theft discourages dishonest appropriation of others’ goods.
Accountability – Even minor theft is criminalized to maintain social order.
Essential Elements of Section 347
To establish theft under Section 347, the following elements must exist:
1. Dishonest Intention
The act must be done dishonestly, meaning the person knows it is wrong and intends to gain unlawfully.
2. Taking of Movable Property
The property taken must be movable, not immovable.
Examples: cash, jewelry, vehicles, electronic devices.
3. Belonging to Another
The property must be in the possession of another person.
Theft of your own property does not qualify.
4. Without Consent
The taking must be without the owner’s consent.
Taking with consent or rightful claim is not theft.
5. Intention to Permanently Deprive
The accused must intend to permanently deprive the owner of the property.
Temporary borrowing or use without intent to steal does not constitute theft.
Illustrations
Illustration 1 – Clear Theft
A takes B’s mobile phone from B’s bag while B is not looking, intending to keep it.
All elements of Section 347 are present: dishonest intention, movable property, without consent, intent to permanently deprive.
This is theft.
Illustration 2 – Borrowing Mistakenly
A picks up B’s umbrella believing it is his own.
No dishonest intention.
Not theft under Section 347 (could fall under mistake of fact, Section 17 BNS).
Illustration 3 – Temporary Use
A takes B’s pen without permission, intending to return it later.
No intent to permanently deprive.
Not theft, but may be unauthorized use under a different provision.
Punishment
Section 347 provides imprisonment, fine, or both depending on the value of the stolen property and the circumstances of the offence.
Courts may consider factors like:
Value of property stolen
Conduct of the accused
Whether it was a first-time offence or habitual
Legal Principles
Mens Rea (Criminal Intent)
Theft requires dishonest intention; accidental taking is not punishable.
Actus Reus (Physical Act)
There must be physical appropriation or movement of property.
Ownership and Possession
The property must belong to another, in legal possession of the owner.
Distinction from Other Offences
Theft differs from robbery (theft with force or threat), extortion, and criminal misappropriation.
Practical Implications
Protection of Public and Private Property: Individuals and businesses are legally protected from dishonest appropriation.
Clarity for Courts: Section 347 clearly distinguishes theft from accidents, borrowing, or mistake.
Deterrence: Legal consequences encourage ethical handling of property.
Summary
Theft under Section 347 = dishonestly taking movable property without consent with intent to permanently deprive.
Intent + appropriation + property of another + lack of consent = essential elements.
Punishable by imprisonment, fine, or both, depending on circumstances.
Distinction from other offences (robbery, extortion, misappropriation) is critical.
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