Section 303 Theft of the Bharatiya Nyaya Sanhita (BNS)

CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of theft

Definition of Theft
303. (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.
(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.
Punishment for theft under Section 303 of BNS
Imprisonment:
  The offender may face imprisonment for a term that may extend up to three
years or fine, or both imprisonment and fine can be imposed.
Repeat Offenders:
 In case of a second or subsequent conviction, the punishment increases to rigorous
imprisonment for a term not less than one year, which may extend up to five years,
along with a fine.
Value of Stolen Property:
 If the value of the stolen property is less than five thousand rupees and it is the
offender’s first conviction, the court may impose community service upon the return
or restoration of the stolen property.
Ingredients of the Offence:
1. Movable Property: The offence must involve movable property, which means something
capable of being carried or moved.
2. Dishonest Intention: The person committing theft must intend to wrongfully gain or cause
wrongful loss to the owner.
3. Without Consent: The act must be done without the consent of the person in possession of
the property.
4. Movement of Property: The property must be moved from its original position as part of
the theft.
Section 308: Extortion under the Bhartiya Nyaya Sanhita, 2023 (BNS) defines the offense
of extortion and outlines the legal consequences for individuals who use threats to force
others into giving up property or signing documents under duress.
Section 308: Extortion
1. Definition of Extortion:
 Extortion occurs when a person intentionally places another person in fear of injury
(to themselves or someone else) and induces that person to deliver
property, valuable security, or anything signed or sealed that can be converted into a
valuable security.
 The key elements of extortion include:
 Fear of injury: The victim must be put in fear of harm.
 Dishonest inducement: The person must be forced or induced to deliver
property or a valuable document.
Illustrations:
 Illustration (a): A threatens to publish a defamatory statement about Z unless Z pays
money. Z, under the fear of damage to their reputation, gives A money. Here, A
commits extortion.
  Illustration (b): A threatens to wrongfully confine Z’s child unless Z signs a
promissory note to pay a certain amount. Z, fearing harm, signs the note, and A
commits extortion.
 Illustration (c): A threatens to destroy Z’s field unless Z signs a bond for the delivery
of produce to B. Z signs under duress, and A commits extortion.
 Illustration (d): A threatens to cause grievous harm unless Z signs a blank paper,
which could later be turned into a valuable document. Z signs the paper in fear, and A
commits extortion.
 Illustration (e): A sends a threatening message that Z’s child is in danger unless Z
pays money. Z gives the money in fear, and A commits extortion.
2. Punishments for Extortion:
 Basic punishment: Whoever commits extortion is punishable
with imprisonment (either description) for up to seven years, or with a fine, or both.
3. Attempt to Extort:
 If someone attempts to extort by putting a person in fear of injury, the punishment
is imprisonment for up to two years, or a fine, or both.
4. Extortion Involving Threats of Death or Grievous Hurt:
 If a person is put in fear of death or grievous hurt (either to themselves or someone
else) in connection with extortion, the punishment is imprisonment for up to seven
years and may include a fine.
5. Extortion Involving Death or Grievous Hurt (Severe Cases):
 If extortion is committed with the fear of death or grievous hurt, the punishment
is imprisonment for up to ten years, and a fine is also imposed.
6. Extortion Involving False Accusations of Serious Crimes:
 If extortion involves putting a person in fear of being accused of a serious
crime (e.g., a crime punishable with death or imprisonment for life), the punishment
is imprisonment for up to ten years and a fine.
7. Extortion by False Accusations of Serious Crimes (Severe Cases):
 If extortion involves the threat of an accusation of a serious crime (e.g., involving
death, life imprisonment, or crimes punishable by long-term imprisonment), the
punishment is imprisonment for up to ten years and a fine.
Key Points to Remember:
 Extortion is not just about taking property; it involves using fear (whether through
threats of harm, death, or false accusations) to coerce a person into handing over
property or signing valuable documents.
 Punishments range from imprisonment for seven years to ten years depending on
the severity of the threats involved, with fines potentially added as well.
  The law distinguishes between different levels of severity based on the type of threat
(e.g., threats of death or grievous harm, or threats of serious criminal accusations).
 Attempted extortion is also punishable, but with lesser penalties (up to two years of
imprisonment).
Key Points and Definitions:
Robbery:
Robbery is not a standalone crime but a compounded form of theft or extortion. It involves
the use of force, fear, or violence during the commission of theft or extortion, making the
offense more severe than mere theft or extortion.
For robbery to occur, there must be some element of immediate physical harm or threat of
harm to a person during or related to the act of theft or extortion.

Theft as Robbery (Sub-section 2):

Theft becomes robbery if the offender, in order to commit theft, or while committing theft, or
while escaping with stolen property, uses violence or threatens violence.
The key factors are:
The voluntary causing or attempting to cause:
Death
Hurt (physical injury)
Wrongful restraint (preventing someone from moving freely)
Fear of instant death, hurt, or wrongful restraint must be induced to the victim to assist in
committing or escaping after theft.

Extortion as Robbery (Sub-section 3):

Extortion becomes robbery if the offender, while committing extortion, places the victim in
fear of instant death, hurt, or wrongful restraint, and induces the victim to immediately hand
over the property or thing being extorted.
The key elements are:
The offender must be present in front of the person being extorted.
The fear of instant harm must be such that it forces the victim to comply at that moment.
Instant fear of harm can be directed at the victim or another person related to the victim.

Force and Fear as Central Elements:

Both forms of robbery, whether arising from theft or extortion, require the use of physical
force or immediate threat of harm to the victim or someone else.
The fear instilled in the victim must be of instant (immediate) harm, and it should directly
lead to the victim’s actions (handing over property, not resisting, etc.).

Immediate Threat of Harm:

The term “instant” is crucial in robbery, as it distinguishes robbery from other forms of
coercion or fraud. The fear of harm must be immediate, meaning the victim must perceive a
direct and present threat of violence if they do not comply with the offender’s demands.
This immediate nature of the threat makes robbery more severe than theft or extortion alone.

Intent (Mens Rea):

The offender must act with the intention to commit theft or extortion and use violence or
threats as a means to achieve that goal.
Intentional harm or threats used for facilitating theft or extortion is a critical element in
establishing robbery.
Offence : Robbery.
Punishment : Rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.

Offence : If robbery committed on highway between sunset and sunrise.

Punishment : Rigorous imprisonment for 14 years.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.

Offence : Attempt to commit robbery.

Punishment : Rigorous imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.

Offence : Causing hurt.

Punishment : Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
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
90 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.
Defining Dcaoity (S. 310(1) BNS):
Essential Ingredients of Dacoity:
o The offence of robbery is committed or attempted by five or more persons (Thus the
offence should have all the ingredients of theft as robbery or extortion as robbery);
o All such persons are acting conjointly;
o The whole number of persons conjointly committing or attempting to commit a
robbery; and
o persons present and aiding such commission or attempt, amount to five or more;
o then, every person so committing, attempting or aiding, is said to commit dacoity.
The essentials of the offence of dacoity are that the theft should be perpetrated by means
either of actual violence or of threatened violence. The threatened violence may be implied in
the conduct and character of the mob.
Conjoint Act:
The word ‘conjointly’ is the most important word bearing on the liability of persons accused
of an offence of dacoity. While it may be true to say that common intention is no part of the
offence of dacoity, the word ‘conjointly’ used in this Section, manifestly refers to united or
concerted action of the persons participating in the transaction. If individual acts of persons
cannot reasonably be referred to a united or concerted action of such persons, there cannot be
any question of any conviction for dacoity of the group of persons concerned. Mere presence
of the accused amongst the robbers is not sufficient. The accused must be shown to have
conjointly committed robbery or aided such commission. Though it is true that they also
serve in commission of dacoity who stand and wait to facilitate, assist or come in aid to the
dacoits if need be, innocent bystanders cannot be dubbed as dacoits. Some act or omission
must be there from which one can reach a judicious conclusion that the bystander was a
member of the gang of dacoits.
 In Allaudin & Ors. v. State (N.C.T. Of Delhi), Delhi High Court judgment dated February
04, 2016 case, the Delhi High Court observed that the use of word “conjointly” in Section
391 IPC (S. 310(1) BNS) indicates that five robbers act with knowledge and consent and in
aid of one another or pursuant to an agreement or understanding, i.e., unitedly. Thus, in most
of dacoities, the robbers would be acting with a common object to loot with use of violence.
At least in some cases of dacoities, the robbers act and use force in pursuance of their
common intention and in all cases they act in prosecution of a common object. The word
“conjointly” means uniform intention along with unified or united or concerted action. This
word, because of its deep rooted meaning, has been deliberately preferred over the word
“jointly”.
Involvement of Five or More Persons:
For committing dacoity the number of persons committing robbery must be five or more.
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.
Punishment for Dacoity with Murder (S. 310(3) BNS):
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.
S. 313 BNS:
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.
Classification of Offence:
Cognizable, Non-bailable, and triable by Court of Session.
The term “belong” refers to something more than mere casual connection. It refers to those
persons who habitually associate with a gang of dacoits and actively assist them in their
operations. The term “gang” refers to any group or company of persons who go about
together or act in concert.

Robbery Dacoity

Robbery is defined under S. 309(1) BNS. Dacoity is defined under S. 310(1) BNS.

Robbery can be defined as a criminal act where Dacoity is a robbery committed by 5 or more persons.
theft or extortion occurs, accompanied by the use
or threat of violence, harm, or wrongful restraint
to compel a person to give up their property or
belongings.

It is aggravated form of theft or extortion. It is aggravated form of robbery.

Robbery can be committed by a single offender as

Dacoity can be performed by 5 or more persons.
well as multiple offenders.

Robbery can run from minor physical The presence of an organized gang increases the potential for
intimidation to extreme violence. grievous harm or public danger.

Robbery, though serious, is regarded as a minor

The law considers a group of five or more individuals to be
crime as compared to dacoity except for
more dangerous and capable of causing greater harm than an
extraordinary reasons (like highway robbery after
individual or a smaller group.
dusk, which attracts greater punishment).

In robbery, individual responsibility will be The law considers the entire group as a single team, and it
assessed with regard to the individual actions of presumes that all members of that group aimed to commit a
the offenders common crime.

A person who commits dacoity shall be punished with

A person who commits the offense of robbery
imprisonment for life, or with rigorous imprisonment of 10
shall be punished with rigorous imprisonment for
years with fine. Any one of five or more persons who while
a maximum term of 10 years. If such robbery was
committing dacoity, commits murder, shall be punished with
committed on a highway between sunset and
death, or imprisonment for life, or rigorous imprisonment for a
sunrise, the imprisonment may extend to 14 years.
term not less than ten years, with fine.

Example: A threatens B to kill him if he doesn’t

Example: A gang of eight men armed with weapons enter a
deliver him the gold ornaments he possesses. B,
jewel shop and loots jewellery while threatening the employees
under the fear of death, delivers him the
and the customers present there with a pistol in their hands.
ornaments. Here, A has committed the offense of
This is the offense of dacoity because here robbery is
robbery as B has delivered him ornaments under
committed by more than five people
fear.

Criminal misappropriation of property is addressed under under Section 314 of Bharatiya

Nyaya Sanhita, 2023 (BNS). It deals with acts involving wrongful acquisition or use of
another person's property with dishonest intent. In this article, we will focus on the details of
Section 314 of BNS, examining its provisions and implications.
Section 314 of BNS outlines the offense of criminal misappropriation of property.
Misappropriation involves the unauthorized use or possession of someone else's property. The
important element here is dishonesty, implying an intention to deprive the rightful owner of
their possession.
Elements of Section 314:
1. Wrongful Taking or Retaining Possession
- Dishonest misappropriation can occur through the wrongful taking or retaining of
possession of another person's property without their consent.
2. Intent to Deprive the Owner:
- The offense involves an element of dishonest intent, indicating that the accused has the
dishonest intention to permanently deprive the owner of their property.
Legal Consequences:
Engaging in dishonest misappropriation of property under Section 314 can lead to
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.

Examples Illustrating Section 314:

1. Unauthorized Use of a Vehicle:
- If someone borrows a friend's vehicle without permission and uses it with the intent to keep
it permanently, it could be considered dishonest misappropriation under Section 314.
2. Unauthorized Possession of Goods:
- Keeping items that belong to another person, knowing it's not rightfully theirs and with the
intention of not returning them, falls under this section.

Defenses and Legal Considerations:

1. Lack of Dishonest Intent:
- If the accused can establish that there was no dishonest intent in their actions, it may serve
as a defense against charges under Section 314.

2. Consent and Authorization:

- If the accused can demonstrate that they had the owner's consent or authorization for the use
or possession of the property, it could impact the application of Section 314.

Section 316 of the Bharatiya Nyaya Sanhita (BNS) deals with Criminal Breach of Trust.
Key Points:
Criminal Breach of Trust:
The offense of criminal breach of trust occurs when a person who is entrusted with property
or given control over property:
Dishonestly misappropriates or converts the property for personal use,
Dishonestly disposes of the property in violation of laws or legal agreements related to that
trust, or
Allows another person to dishonestly use or dispose of the property in violation of the trust.

Entrustment of Property:
Entrustment refers to the act of giving someone responsibility or control over property, either
directly or indirectly. This trust can be:
Explicit (specifically mentioned in an agreement or contract), or
Implied (based on the nature of the relationship or conduct).
The property may include both movable (goods, money, etc.) and immovable (land,
buildings) assets.

Dishonest Misappropriation or Conversion:

Dishonestly misappropriating property means using the property for one's own benefit, even
though it was entrusted for a specific purpose.
Conversion involves changing the use of the property in such a way that it benefits the
offender, in violation of the trust.

Violation of Law or Legal Contract:

A breach occurs when the entrusted individual uses or disposes of the property in violation
of:
Directions of law that prescribe how the trust should be discharged, or
The terms of a legal contract, whether express (written or spoken agreement) or implied
(based on the circumstances or conduct).
The offense may also occur when the person allows someone else to breach the trust in a
similar manner.

Dishonest Disposal of Property:

The offense includes not just misappropriating the property for personal use but also
disposing of the property in a way that contradicts the terms of the trust or legal agreement.
Disposal could mean selling, giving away, or otherwise transferring ownership of the
property without authorization.

Mens Rea (Dishonest Intent):

The key element in this offense is the presence of dishonest intent or mens rea. The individual
must act with the intention of gaining unlawfully or causing loss to the person who entrusted
them with the property.
Dishonesty is central to proving a criminal breach of trust. The person must have known or
intended that their actions would violate the trust.

Legal Contracts:
Legal contracts related to entrustment can be either:
Express contracts, where the terms and conditions are clearly stated and agreed upon by both
parties, or
Implied contracts, which are not formally written but are understood based on the relationship
or context.
Violating the terms of these contracts, whether express or implied, constitutes a breach of
trust.
Section 317 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with the possession,
receipt, and handling of stolen property. This section outlines various offenses related to
stolen property, including receiving, retaining, or concealing property that has been obtained
through criminal means such as theft, robbery, extortion, or criminal breach of trust.
Key Elements of Section 317:
1. Definition of Stolen Property (Subsection 1):
 Stolen property refers to property that has been:
 Transferred by theft, extortion, robbery, or cheating.
 Criminally misappropriated or involved in a criminal breach of
trust.
 Stolen property remains classified as stolen even if the transfer,
misappropriation, or breach of trust occurred outside India.
 However, if the property comes into the possession of a legally entitled
person, it ceases to be stolen property.
2. Receiving or Retaining Stolen Property (Subsection 2):
 A person who dishonestly receives or retains stolen property, knowing or
having reason to believe that it is stolen, commits an offense.
 The punishment for such an offense can include:
 Imprisonment (either description) for up to three years.
 Fine, or both imprisonment and fine.
3. Receiving Stolen Property from Dacoits or Dacoity Gangs (Subsection 3):
 A person who receives or retains stolen property, knowing or having reason
to believe that the property was transferred by dacoity (a violent form of
robbery by a gang), or from someone who is part of a gang of dacoits, faces a
more severe punishment.
 The punishment for this offense is:
 Imprisonment for life, or
 Rigorous imprisonment for a term of up to ten years, and
 Fine.
4. Habitual Receipt or Dealing in Stolen Property (Subsection 4):
  A person who habitually receives or deals in stolen property, knowing or
having reason to believe that it is stolen, is guilty of an offense.
 The punishment for this offense is severe:
 Imprisonment for life, or
 Imprisonment for up to ten years, and
 Fine.
5. Concealing or Disposing of Stolen Property (Subsection 5):
 A person who voluntarily assists in concealing, disposing of, or making
away with stolen property, knowing or having reason to believe it is stolen,
is committing an offense.
 The punishment for this offense includes:
 Imprisonment (either description) for up to three years.
 Fine, or both imprisonment and fine.
Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) addresses the offense
of cheating, detailing various forms of deceptive conduct that lead to wrongful gain at the
expense of others. The section also defines the punishments associated with such offenses,
depending on the severity of the cheating.
Key Elements of Section 318:
1. Definition of Cheating (Subsection 1):
 A person is said to cheat if, by deception, they fraudulently or dishonestly
induce another person to:
 Deliver property to any person, or consent to someone retaining
property.
 Do or omit to do something which they would not have done or
omitted if they were not deceived.
 The act or omission caused, or was likely to cause, damage or
harm to the person in their body, mind, reputation, or property.
 Dishonest concealment of facts is considered deception under this section.
2. Illustrations of Cheating:
 (a) A falsely pretends to be in the Civil Service and deceives Z into letting him
take goods on credit, intending not to pay. This is cheating.
 (b) A puts a counterfeit mark on an article to deceive Z into thinking it was
made by a famous manufacturer and dishonestly induces Z to buy it. This is
cheating.
  (c) A shows Z a false sample of an article to induce Z to buy and pay for an
article that does not match the sample. This is cheating.
 (d) A tenders a bill from a bank where he has no funds, intending the bill to be
dishonored, to deceive Z into delivering an article without paying for it. This
is cheating.
 (e) A pledges fake diamonds to deceive Z into lending him money. This is
cheating.
 (f) A deceives Z into believing he intends to repay money borrowed, but A
never intends to do so. This is cheating.
 (g) A deceives Z into thinking he will deliver a quantity of indigo plant, but A
does not intend to deliver it. This is cheating. However, if A intends to deliver
it but later fails to do so, it would be a breach of contract, not cheating.
 (h) A deceives Z into believing he has performed his part of a contract and
induces Z to pay money. This is cheating.
 (i) A sells property to B but later sells it to Z without disclosing the previous
sale, deceiving Z into paying for something A has no right to sell. This is
cheating.
3. Punishment for Cheating (Subsection 2):
 If a person cheats, they can face:
 Imprisonment (either description) for up to three years, or
 Fine, or both imprisonment and fine.
4. Cheating with Knowledge of Wrongful Loss (Subsection 3):
 If a person cheats and knows that their actions are likely to cause wrongful
loss to someone whose interest they are legally or contractually bound to
protect, the punishment becomes more severe:
 Imprisonment (either description) for up to five years, or
 Fine, or both imprisonment and fine.
5. Cheating Involving Valuable Security (Subsection 4):
 If the cheating results in the person being deceived into:
 Delivering property, or
 Making, altering, or destroying a valuable security (or anything
signed or sealed that can be converted into a valuable security),
 The punishment is:
 Imprisonment (either description) for up to seven years, and
 A fine.
Section 324 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offense of mischief,
replacing IPC Section 425.
Key Points:
Mischief:
Mischief is the intentional act of causing wrongful loss or damage to any property, whether it
belongs to an individual or the public. It involves causing physical harm or altering the
property in such a way that reduces its value, utility, or usefulness.
The offense does not necessarily require complete destruction; any action that injures,
diminishes, or negatively affects the property is sufficient.

Intent or Knowledge:
The offender must act with intent to cause harm or with knowledge that their actions are
likely to cause harm. This means:
The individual deliberately intended to damage property, or
They were aware that their actions would likely result in damage but acted regardless of that
knowledge.
Negligence or accidental harm without intent is not covered under this section.

Wrongful Loss or Damage:

Wrongful loss refers to a loss that the owner of the property suffers due to the damage caused
by another. This can be financial, functional, or sentimental loss.
Damage means any act that decreases the usefulness or monetary value of the property, either
through physical destruction or alteration.
The loss or damage can be caused to property belonging to:
A private individual, or
The public, in cases where public property or assets are harmed.

Destruction or Change in Property:

Destruction implies the complete or partial damage of property, rendering it less useful or
valuable.
Change in property or its situation refers to altering the property in a way that impairs its
utility or affects it negatively. For example, removing a key part of a machine, making a well
unusable by filling it with debris, or altering property to diminish its functional capacity.

Public and Private Property:

The section applies to both public property (government or community-owned assets) and
private property (owned by individuals or businesses).
Public property might include things like roads, public buildings, government installations, or
monuments, while private property could involve houses, vehicles, personal possessions, etc.

Section 329 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) addresses the offenses
of criminal trespass and house-trespass, outlining the conditions for both and the penalties
associated with them.
Key Provisions of Section 329:
1. Criminal Trespass:
 Definition: A person commits criminal trespass if they:
 Enter or remain on property in the possession of another with the intent to
commit an offense or to intimidate, insult, or annoy the person in
possession of that property.
 Unlawfully Remaining: If a person lawfully enters a property but remains unlawfully
with the intent to commit an offense or to intimidate, insult, or annoy someone, it also
constitutes criminal trespass.
2. House-Trespass:
 Definition: House-trespass is a specific type of criminal trespass and occurs when a
person:
 Enters or remains in a building, tent, or vessel used as a human dwelling, or
in a building used as a place of worship or as a place for the custody of
property.
 Explanation: Even the introduction of any part of the criminal trespasser’s
body into such property is enough to constitute house-trespass.
3. Punishment for Criminal Trespass:
 Whoever commits criminal trespass is punishable with:
 Imprisonment of either description for a term which may extend to three
months, or
 A fine which may extend to five thousand rupees, or
 Both.
4. Punishment for House-Trespass:
 Whoever commits house-trespass is punishable with:
 Imprisonment of either description for a term which may extend to one year,
or
 A fine which may extend to five thousand rupees, or
 Both.
Summary:
 Criminal Trespass involves entering or unlawfully remaining on someone else’s
property with the intent to commit an offense or cause harm.
 House-Trespass is a more serious offense, involving entry into or unlawful presence
in buildings or structures used for dwelling, worship, or the custody of property.
  Punishments vary, with house-trespass attracting a higher penalty (up to one
year imprisonment) compared to general criminal trespass (up to three
months imprisonment). Both offenses can result in fines as well.
Section 330 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with the offenses
of house-trespass and house-breaking, specifically distinguishing between regular house-
trespass and the more serious act of house-breaking.
Key Provisions of Section 330:
1. Lurking House-Trespass:
 Definition: A person commits lurking house-trespass when they:
 Enter or remain in a building, tent, or vessel with the intention of committing
house-trespass, while also taking precautions to conceal their trespass from a
person who has the right to exclude or eject them from that property.
2. House-Breaking:
 Definition: A person commits house-breaking if they commit house-trespass in any
of the following ways:
Methods of House-Breaking:
 (a) Entering or exiting through a passage made by the offender or their abettor for
the purpose of committing house-trespass.
 (b) Entering or exiting through any passage that is not intended for human entrance or
one that the offender or their abettor has accessed by scaling or climbing over walls
or buildings.
 (c) Entering or exiting through any passage opened by the offender or their abettor,
for the purpose of committing the house-trespass.
 (d) Entering or exiting by opening a lock to facilitate house-trespass or to leave after
committing house-trespass.
 (e) Using criminal force or committing assault, or threatening someone with assault,
to enter or exit.
 (f) Entering or exiting through a passage that had been fastened against entrance or
exit and had been unfastened by the offender or their abettor.
Explanation: This section also clarifies that any out-house or building that is connected to a
house via internal communication is considered part of the house for the purposes of this
section.
Illustrations of House-Breaking:
 (a) A makes a hole through the wall of Z’s house and puts his hand through. This is
house-breaking.
 (b) A sneaks into a ship through a port-hole. This is house-breaking.
  (c) A enters Z’s house through a window. This is house-breaking.
 (d) A enters Z’s house through the door by opening a fastened door. This is house-
breaking.
 (e) A enters Z’s house through the door by lifting a latch with a wire. This is house-
breaking.
 (f) A finds the lost key of Z’s house and enters with it. This is house-breaking.
 (g) A forces entry into Z’s house by knocking Z down. This is house-breaking.
 (h) A enters Y’s house by threatening Z, the door-keeper, with assault. This is house-
breaking.
Section 356 – Defamation

Key Provisions:
1. Definition of Defamation (Subsection 1):
 Act or Omission: A person commits defamation if they:
 Use spoken words, written words, signs, or visible representations to
make or publish an imputation concerning another person.
 Intent: The act must be:
 Intended to harm, or
 Done with knowledge or reasonable belief that it would harm the
person’s reputation.
 Scope: Defamation extends to:
 Deceased Persons: If the imputation would harm the reputation of the
deceased if they were alive, and it is intended to hurt the feelings of
their family or relatives.
 Entities: Companies, associations, or groups of people are also
protected from defamatory imputations.
2. Conditions of Defamation:
 The imputation must lower the affected person’s reputation in the eyes of
others. This includes:
 Moral or intellectual character.
 Standing in their caste, profession, or social credit.
 Suggesting disgraceful physical or personal conditions.
3. Illustrations:
  Making ironic or indirect statements implying misconduct or dishonesty can
amount to defamation.
 Drawing or publishing visual depictions that imply wrongdoing.
4. Punishments (Subsections 2 to 4):
 General Defamation: Simple imprisonment for up to 2 years, a fine, or both.
 Printed or Engraved Material: Publishing or distributing defamatory
material also attracts the same punishment.
 Sale of Defamatory Material: Selling or offering such material with
knowledge of its content carries similar penalties.

Exceptions to Defamation:
The law includes specific exceptions to protect freedom of speech, public interest, and good
faith communications:
1. Truth and Public Good:
 True statements made for the public good are not defamatory. The
determination of “public good” is a question of fact.
2. Opinions on Public Servants:
 Good-faith opinions about the conduct or character of public servants in their
official capacity are not defamatory.
3. Opinions on Public Questions:
 Good-faith opinions on public issues or the conduct of individuals involved in
public matters are exempt.
4. Court Proceedings:
 Publishing true and fair reports of court proceedings is not defamatory.
5. Criticism of Judicial Decisions:
 Good-faith opinions about court cases or the conduct of individuals as parties
or witnesses in such cases are protected.
6. Criticism of Public Submissions:
 Authors, speakers, performers, and others who voluntarily submit their work
to public judgment can be criticized, provided it is done in good faith and does
not extend beyond the work submitted.
7. Censure Under Lawful Authority:
 Authority figures, like judges, parents, or employers, may censure others in
good faith within their legal or contractual jurisdiction.
 8. Good-Faith Accusations:
 Accusations made in good faith to authorities with jurisdiction over the
accused are not defamatory.
9. Protective Imputations:
 Statements made in good faith to protect personal or public interests are not
defamatory.
10. Cautions in Good Faith:
 Warnings or cautions conveyed in good faith for the benefit of the recipient or
the public are exempt.

Examples:
Defamatory Acts:
 A person publishes a cartoon showing someone stealing, intending to damage their
reputation.
 Someone accuses another of dishonesty in a manner that others believe, causing harm
to their reputation.
Non-Defamatory Acts:
 A true statement is made about a corrupt public servant to expose misconduct.
 A journalist critiques a book’s contents and expresses an opinion about the author’s
intellectual capacity, provided it is limited to the book.

Objective of Section 356:

This provision balances the right to reputation with the freedom of expression. While
protecting individuals and entities from unwarranted harm, it ensures legitimate criticism and
public interest disclosures are not stifled.
The inclusion of detailed exceptions and illustrations ensures clarity in distinguishing
defamation from permissible expressions.
Section 351 of the Bharatiya Nyaya Sanhita 2023 defines the offense of criminal
intimidation and provides the punishment for such offenses.
Key Provisions of Section 351:
Criminal Intimidation (Subsection 1):
 Criminal intimidation occurs when a person threatens another person with injury to
their:
 Person (physical harm),
  Reputation (defamation),
 Property (damage or destruction).
 The threat can be directed at:
 The person themselves, or
 The person or reputation of someone with whom the threatened person is
associated (e.g., family member, friend).
 Intentions behind the threat:
 The purpose is to cause alarm to the threatened person, or
 To force the threatened person to do something they are not legally
obligated to do, or to prevent them from doing something they are legally
entitled to do.
 The section also covers threats to harm the reputation of a deceased person if the
person threatened has an interest in their reputation (e.g., family member).
 Example:
 If A threatens to burn B’s house to stop B from prosecuting a civil suit, A is
guilty of criminal intimidation.
Punishment for General Criminal Intimidation (Subsection 2):
 Whoever commits the offense of criminal intimidation, without resorting to extreme
threats, will be punished with:
 Imprisonment (of either description) for a term that may extend to two years,
or
 Fine, or
 Both imprisonment and fine.
Enhanced Punishment for Severe Threats (Subsection 3):
 If the threat involves any of the following, the punishment is more severe:
 Threat of death or grievous hurt,
 Destruction of property by fire,
 Offense punishable with death or imprisonment for life, or
 Imputing unchastity to a woman.
 In such cases, the punishment includes:
 Imprisonment for a term that may extend to seven years, or
 Fine, or
 Both imprisonment and fine.
Punishment for Anonymous Threats (Subsection 4):
 If the threat is made anonymously or in a way that the identity of the person making
the threat is concealed (e.g., through an anonymous letter), the punishment is:
 Imprisonment for a term that may extend to two years, in addition to the
punishment described in subsection (1).
Section 335 of the Bharatiya Nyaya Sanhita 2023 deals with making a false
document or false electronic record, commonly referred to as forgery. The section defines
what constitutes the making of a false document and outlines various ways in which a
document or electronic record may be forged. The section also includes detailed explanations
and examples (illustrations) to help understand the nature of this crime.
Definition of Making a False Document:
A person is said to make a false document or false electronic record if they do any of the
following dishonestly or fraudulently:
(A) Making a False Document:
1. Making, signing, sealing, or executing a document or part of a document with the
intent to deceive.
2. Making or transmitting any electronic record or part of it, dishonestly or
fraudulently, with the intent to make it appear as if it was created by someone else.
3. Affixing any electronic signature on any electronic record dishonestly or
fraudulently.
4. Making any mark that would denote the execution of a document or the authenticity
of an electronic signature, with the intention to deceive someone into believing it was
made by a person who did not actually make it.
(B) Altering a Document or Electronic Record:
A person who without lawful authority, dishonestly or fraudulently, alters a document or
electronic record (whether made by themselves or another person) after it has been executed
or signed, by:
 Cancellation or other alterations of any material part of the document.
 The alteration can be in any material aspect, and this alteration must be made with
fraudulent intent.
(C) Deceptive Signing or Altering:
A person who dishonestly or fraudulently causes another person to:
 Sign, seal, execute, or alter a document or electronic record.
 Affix an electronic signature on any electronic record, while knowing that the
person is unable to understand the contents of the document or electronic record (due
to unsoundness of mind, intoxication, or deception).
This part aims to address situations where people take advantage of others (e.g., someone
who is mentally unfit or deceived) to make them sign fraudulent documents.
Illustrations (Examples of Forgery):
The section provides several examples to help clarify what constitutes making a false
document:
1. Manipulating a Letter of Credit: A alters a letter of credit to change the amount in
order to deceive the recipient into believing the document is genuine.
2. Affixing a False Seal: A affixes a false seal of Z on a document to falsely create a
conveyance of property.
3. Filling in a Blank Cheque: A fraudulently fills in the amount on a blank cheque with
the intention to deceive the bank.
4. Signing a Document Without Authority: A signs a document in B’s name without
authorization, intending to deceive Z and obtain alms or employment.
5. Altered Wills: A changes the contents of a will or scratches out the name of a person
with the intent to benefit personally.
6. Antedating a Document: A executes a document with a false date to make it appear
that it was executed earlier than it actually was, to deceive others.
Explanation 1:
A person’s own signature can also constitute forgery if it is done with the intent to deceive
others. For example:
 Signing your own name on a document with the intent to make it appear that someone
else signed it.
Explanation 2:
Forgery can occur even if the name of a fictitious person is used, or if the name of
a deceased person is used, with the intent to make the document appear as though it was
created by a real or living person.
For example:
 Drawing a bill of exchange upon a fictitious person with the intent to deceive.
Explanation 3:
The term “affixing electronic signature” is explained according to the Information
Technology Act, 2000. This refers to the process by which an electronic signature is applied
to a document to authenticate its origin, and such actions can also be considered as part of
forging a document.
Summary:
Section 335 criminalizes the act of making false documents or electronic records, as well
as altering existing documents or records fraudulently. It applies to both physical
documents and electronic records. The law seeks to prevent fraud by holding individuals
accountable for making, altering, or signing documents with dishonest intentions. Forgery is
a serious crime, and this section ensures that anyone who makes or alters documents in a way
that deceives others can face severe punishment.
Section 344 of the Bharatiya Nyaya Sanhita 2023 addresses the falsification of accounts by
individuals in positions of responsibility, such as clerks, officers, or servants, or those
employed in such roles. The section criminalizes the act of falsifying or altering accounts,
records, or documents with the intent to defraud an employer or any other party involved.
Key Provisions of Section 344:
(1) Offenses:
 Individuals covered: This section applies to individuals who
are clerks, officers, servants, or those employed or acting in any similar capacity.
 Acts of falsification: The offense includes any of the following actions,
done wilfully and with intent to defraud:
 Destroying, altering, mutilating, or falsifying any of the following:
 Books.
 Electronic records.
 Papers.
 Writing.
 Valuable securities.
 Accounts belonging to or in the possession of the employer.
 Items received for or on behalf of the employer.
 False entries or omissions: It also includes actions where the individual:
 Makes or abets making false entries in the documents or accounts.
 Omissions or alterations material to the account, document, or record.
(2) Intent:
 The key element of the offense is the intent to defraud. The act must be done with
the aim of deceiving or causing harm to the employer or any related party.
(3) Punishment:
 The punishment for this offense is:
 Imprisonment of either description for a term which may extend up to seven
years.
 Fine, or both imprisonment and fine.
(4) Explanation:
 It is sufficient to allege general intent to defraud in any charge under this section.
 It is not required to specify a particular person intended to be defrauded, a
particular sum of money involved, or the exact day the offense was
committed.