Section 303 of Bharatiya Nyaya Sanhita (BNS) 2023 Theft. (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.
Explanation 1.A thing so long as it is attached to the earth, not being movable property, is not the
subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the
earth.
Explanation 2.A moving effected by the same act which affects the severance may be a theft.
Explanation 3.A person is said to cause a thing to move by removing an obstacle which prevented
it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4.A person, who by any means causes an animal to move, is said to move that animal,
and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.The consent mentioned in this section may be express or implied, and may be given
either by the person in possession, or by any person having for that purpose authority either express or
implied.Illustrations.
(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s
possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has
committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention
be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon
as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order
that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft
of the treasure.
(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the
plate, without Z’s consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A
carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore
be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal
breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s
possession, and if A dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits
no theft, though he may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the
ring immediately for fear of search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and
selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the
jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop
openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have
committed criminal trespass and assault, has not committed theft, in as much as what he did was not done
dishonestly (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for
the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as
a security for his debt, he commits theft, in as much as he takes it dishonestly.
(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not
having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as
much as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of
keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has
therefore committed theft.
(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent for the purpose merely of reading it, and with the intention of returning it.
Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this
was A’s impression, A has not committed theft.
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to
Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If
this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her
husband Z, and to be such property as she has no authority from Z to give. If A takes the property
dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out
of Z’s possession. Here, as A does not take dishonestly, he does not 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 and in case of second or subsequent
conviction of any person under this section, he shall be punished with rigorous imprisonment for a term
which shall not be less than one year but which may extend to five years and with fine:
Provided that in cases of theft where the value of the stolen property is less than five thousand rupees,
and a person is convicted for the first time, shall upon return of the value of property or restoration of the
stolen property, shall be punished with community service. Section 304 of Bharatiya Nyaya Sanhita (BNS) 2023 Snatching. (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 305 of Bharatiya Nyaya Sanhita (BNS) 2023 Theft in a dwelling house, or means of transportation or place of worship, etc. Whoever
commits theft
(a) in any building, tent or vessel used as a human dwelling or used for the custody of property;
or
(b) of any means of transport used for the transport of goods or passengers; or
(c) of any article or goods from any means of transport used for the transport of goods or
passengers; or
(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local authority,
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 of Bharatiya Nyaya Sanhita (BNS) 2023 Theft by clerk or servant of property in possession of master. 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 307 of Bharatiya Nyaya Sanhita (BNS) 2023 Theft after preparation made for causing death, hurt or restraint in order to committing of theft. 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. Illustrations. (a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. Section 308 of Bharatiya Nyaya Sanhita (BNS) 2023 Extortion. (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.
Illustrations.
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus
induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver
to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has
committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond
binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the
bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank
paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be
converted into a valuable security. A has committed extortion.
(e) A threatens Z by sending a message through an electronic device that “Your child is in my
possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him
money. A has committed extortion.
(2) Whoever commits extortion shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.
(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any
person in fear, of any injury, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of
death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
(5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that
person or to any other, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine. (6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an
accusation, against that person or any other, of having committed, or attempted to commit, an offence
punishable with death or with imprisonment for life, or with imprisonment for a term which may extend
to ten years, shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
(7) Whoever commits extortion by putting any person in fear of an accusation against that person or
any other, of having committed or attempted to commit any offence punishable with death, or with
imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having
attempted to induce any other person to commit such offence, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine. Section 309 of Bharatiya Nyaya Sanhita (BNS) 2023 Robbery. (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. Explanation.The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations.
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s
consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused
wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders
his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the
time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a
precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the
purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore
committed robbery on Z.
(d) A obtains property from Z by saying“Your child is in the hands of my gang, and will be put to
death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not
robbery, unless Z is put in fear of the instant death of his child.
(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.
(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term
which may extend to seven years, and shall also be liable to fine.
(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such
person, and any other person jointly concerned in committing or attempting to commit such robbery, 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. Section 310 of Bharatiya Nyaya Sanhita (BNS) 2023 Dacoity. (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.
(3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so
committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or
rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.
(4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing
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. Section 311 of Bharatiya Nyaya Sanhita (BNS) 2023 Robbery, or dacoity, with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. Section 312 of Bharatiya Nyaya Sanhita (BNS) 2023 Attempt to commit robbery or dacoity when armed with deadly weapon. If, at the time of
attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the
imprisonment with which such offender shall be punished shall not be less than seven years. Section 313 of Bharatiya Nyaya Sanhita (BNS) 2023 Punishment for belonging to gang of robbers, etc. Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Section 314 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonest misappropriation of property. 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.
Illustrations.
(a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he
takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his
mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this
section.
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take
the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for
his own benefit, he is guilty of an offence under this section.
(c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession, intending to use
it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the
horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.
Explanation 1.A dishonest misappropriation for a time only is a misappropriation within the
meaning of this section. Illustration.
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that
the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore
it to Z. A has committed an offence under this section.
Explanation 2.A person who finds property not in the possession of any other person, and takes
such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or
misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above
defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner,
or before he has used reasonable means to discover and give notice to the owner and has kept the
property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular
person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his
own property, or in good faith believe that the real owner cannot be found.
Illustrations.
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee.
Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter
he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this
section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the
cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can
direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without
attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it
to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it
belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without
attempting to discover the owner. A is guilty of an offence under this section Section 315 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonest misappropriation of property possessed by deceased person at the time of his death. Whoever dishonestly misappropriates or converts to his own use any property, knowing that
such property was in the possession of a deceased person at the time of that person’s decease, and has not
since been in the possession of any person legally entitled to such possession, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant,
the imprisonment may extend to seven years.
Illustration.
Z dies in possession of furniture and money. His servant A, before the money comes into the
possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the
offence defined in this section Section 316 of Bharatiya Nyaya Sanhita (BNS) 2023 Criminal breach of trust. (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.
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Explanation 1.A person, being an employer of an establishment whether exempted under
section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or
not who deducts the employee’s contribution from the wages payable to the employee for credit to a
Provident Fund or Family Pension Fund established by any law for the time being in force, shall be
deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes
default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed
to have dishonestly used the amount of the said contribution in violation of a direction of law as
aforesaid.
Explanation 2.A person, being an employer, who deducts the employees’ contribution from the
wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered
by the Employees’ State Insurance Corporation established under the Employees’ State Insurance
Act, 1948 (34 of 1948) shall be deemed to have been entrusted with the amount of the contribution so
deducted by him and if he makes default in the payment of such contribution to the said Fund in violation
of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation
of a direction of law as aforesaid. Illustrations.
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs
him to divide the effects according to the will, and appropriates them to his own use. A has committed
criminal breach of trust.
(b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a contract that it
shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A
has committed criminal breach of trust.
(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied contract
between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z
remits one lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly
disobeys the directions and employs the money in his own business. A has committed criminal breach of
trust.
(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Z’s
advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of
Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be
entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has
not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a
contract, express or implied, with the Government, to pay into a certain treasury all the public money
which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly
misappropriates the property. A has committed 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 entrusted with property as a carrier, wharfinger or warehouse-keeper, commits
criminal breach of trust in respect of such property, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner
entrusted in such capacity with property, or with any dominion over property, commits criminal breach of
trust in respect of that property, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine. (5) 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 317 of Bharatiya Nyaya Sanhita (BNS) 2023 Stolen property. (1) Property, the possession whereof has been transferred by theft or
extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of
which criminal breach of trust has been committed, is designated as stolen property, whether the transfer
has been made, or the misappropriation or breach of trust has been committed, within or without India,
but, if such property subsequently comes into the possession of a person legally entitled to the possession
thereof, it then ceases to be 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.
(3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or
has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from
a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits,
property which he knows or has reason to believe to have been stolen, 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.
(4) Whoever habitually receives or deals in property which he knows or has reason to believe to be
stolen 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.
(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he
knows or has reason to believe 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 318 of Bharatiya Nyaya Sanhita (BNS) 2023 Cheating. (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.
Explanation.A dishonest concealment of facts is a deception within the meaning of this section.
Illustrations.
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly
induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this
article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for
the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the
article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A
cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by
which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly
induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z,
and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him
and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo
plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the
faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo
plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a
civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z,
which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to
the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and
conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
(2) Whoever cheats shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person
whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal
contract, to protect, shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to
any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is
signed or sealed, and which is capable of being converted into a valuable security, 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 319 of Bharatiya Nyaya Sanhita (BNS) 2023 Cheating by personation. (1) A person is said to cheat by personation if he cheats by
pretending to be some other person, or by knowingly substituting one person for or another, or
representing that he or any other person is a person other than he or such other person really is.
Explanation.The offence is committed whether the individual personated is a real or imaginary
person.
Illustrations.
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
(2) Whoever cheats by personation shall be punished with imprisonment of either description for a
term which may extend to five years, or with fine, or with both. Section 320 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or
transfers or causes to be transferred to any person, without adequate consideration, any property,
intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of
that property according to law among his creditors or the creditors of any other person, 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, or with fine, or with both. Section 321 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonestly or fraudulently preventing debt being available for creditors. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 322 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Section 323 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonest or fraudulent removal or concealment of property. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Section 324 of Bharatiya Nyaya Sanhita (BNS) 2023 Mischief. (1) 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.
Explanation 1.It is not essential to the offence of mischief that the offender should intend to cause
loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or
knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether
it belongs to that person or not.
Explanation 2.Mischief may be committed by an act affecting property belonging to the person
who commits the act, or to that person and others jointly. Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A
has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending
wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing
wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from
him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of
the debt, and of thus causing damage to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing
damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on
bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful
loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is
likely to cause damage to Z’s crop. A has committed mischief.
(2) Whoever commits mischief shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to any property including the
property of Government or Local Authority shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand
rupees and more but less than one lakh rupees shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both. (5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees
or upwards, shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine, or with both.
(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or
wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine. Section 325 of Bharatiya Nyaya Sanhita (BNS) 2023 Mischief by killing or maiming animal. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Section 326 of Bharatiya Nyaya Sanhita (BNS) 2023 Mischief by injury, inundation, fire or explosive substance, etc. Whoever commits
mischief by,
(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply
of water for agricultural purposes, or for food or drink for human beings or for animals which are
property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both;
(b) doing any act which renders or which he knows to be likely to render any public road, bridge,
navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or
conveying property, shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both;
(c) doing any act which causes or which he knows to be likely to cause an inundation or an
obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment
of either description for a term which may extend to five years, or with fine, or with both;
(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing
placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide
for navigators, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both;
(e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act
which renders such land-mark less useful as such, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both;
(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby
cause, damage to any property including agricultural produce, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine;
(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby
cause, the destruction of any building which is ordinarily used as a place of worship or as a human
dwelling or as a place for the custody of 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 327 of Bharatiya Nyaya Sanhita (BNS) 2023 Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. (1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any
vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be
likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is
described in sub-section (1), 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 328 of Bharatiya Nyaya Sanhita (BNS) 2023 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any
property contained therein or to dishonestly misappropriate any such property, or with intent that such
theft or misappropriation of property may be committed, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine. Section 329 of Bharatiya Nyaya Sanhita (BNS) 2023 Criminal trespass and house-trespass. (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 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.
Explanation.The introduction of any part of the criminal trespasser’s body is entering sufficient to
constitute house-trespass.
(3) 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.
(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 330 of Bharatiya Nyaya Sanhita (BNS) 2023 House-trespass and hous-ebreaking. (1) Whoever commits house-trespass having taken
precautions to conceal such house-trespass from some person who has a right to exclude or eject the
trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking
house-trespass.
(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance
into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or
any part of it for the purpose of committing an offence, or having committed an offence therein, he quits
the house or any part of it in any of the following ways, namely:
(a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in
order to the committing of the house-trespass;
(b) if he enters or quits through any passage not intended by any person, other than himself or an
abettor of the offence, for human entrance; or through any passage to which he has obtained access by
scaling or climbing over any wall or building;
(c) if he enters or quits through any passage which he or any abettor of the house-trespass has
opened, in order to the committing of the house-trespass by any means by which that passage was not
intended by the occupier of the house to be opened;
(d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in
order to the quitting of the house after a house-trespass;
(e) if he effects his entrance or departure by using criminal force or committing an assault, or by
threatening any person with assault;
(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or
departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.Any out-house or building occupied with a house, and between which and such house
there is an immediate internal communication, is part of the house within the meaning of this section. Illustrations.
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand
through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is
house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.
(d) A commits house-trespass by entering Z’s house through the door, having opened a door which
was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting
a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s
house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits housetrespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the
house, having deterred Z from opposing him by threatening to beat him. This is house-breaking. Section 331 of Bharatiya Nyaya Sanhita (BNS) 2023 Punishment for house-trespass or house-breaking. (1) Whoever commits lurking housetrespass or house-breaking, shall be punished with imprisonment of either description for a term which
may extend to two years, and shall also be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall
be punished with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any
offence punishable with imprisonment, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine; and if the offence intended to be
committed is theft, the term of the imprisonment may be extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in
order to the committing of any offence punishable with imprisonment, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended
to fourteen years.
(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for
causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for
putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with
imprisonment of either description or a term which may extend to ten years, and shall also be liable to
fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise,
having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully
restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint,
shall be punished with imprisonment of either description for a term which may extend to fourteen years,
and shall also be liable to fine.
(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to
any person or attempts to cause death or grievous hurt to any person, shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and
before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or
grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or
house-breaking after sunset and before sunrise, 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 332 of Bharatiya Nyaya Sanhita (BNS) 2023 House-trespass in order to commit offence. Whoever commits house-trespass in order to the committing of any offence (a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine; (b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine; (c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine: Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years. Section 333 of Bharatiya Nyaya Sanhita (BNS) 2023 House-trespass after preparation for hurt, assault or wrongful restraint. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, 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 334 of Bharatiya Nyaya Sanhita (BNS) 2023 Dishonestly breaking open receptacle containing property. (1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.