Last Updated: April 2026
BNS 2023 (Bharatiya Nyaya Sanhita) Chapter XVII — Offences Against Property — replaced the corresponding IPC Chapter XVII provisions that governed property-related crimes for over 150 years. For judiciary exam 2027 aspirants (PCS-J, APO, Civil Judge), understanding Sections 303–334 of BNS 2023 is critical. This article provides complete notes, section-wise analysis, and comparison with IPC for your exam preparation.
BNS 2023 Chapter XVII — Overview
| Parameter | Details |
|---|---|
| Chapter | Chapter XVII — Of Offences Against Property |
| Sections Covered | 303 to 334 |
| Enforced From | July 1, 2024 |
| Replaced | IPC Chapter XVII (Sections 378–462) |
| Key Offences | Theft, Extortion, Robbery, Dacoity, Criminal Misappropriation, Criminal Breach of Trust, Cheating, Mischief, Trespass |
Section 303 — Theft
Definition (Section 303 BNS): Whoever, intending to take dishonestly any moveable 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.
Essential Ingredients of Theft
- Dishonest intention to take property
- Property must be moveable
- Property must be in possession of another person
- Taking must be without consent
- There must be moving (asportation) of property
Punishment for Theft (Section 303 BNS)
- Simple theft: Imprisonment up to 3 years + fine
- Theft in dwelling/vehicle/tent/vessel: up to 7 years + fine
- Theft after preparation to cause death/hurt/restraint: up to 7 years + fine
- Theft by clerk/servant: up to 7 years + fine
- Theft from person: up to 3 years + fine
Comparison with IPC Section 378
| Aspect | IPC Section 378 | BNS Section 303 |
|---|---|---|
| Definition | Identical | Identical core elements |
| Punishment | Section 379 — 3 years | Integrated in Section 303 |
| Gender-neutral | Uses “whoever” | Explicitly gender-neutral |
Section 305 — Extortion
Definition (Section 305 BNS): Whoever intentionally puts any person in fear of 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.
Key Elements of Extortion
- Intentionally putting a person in fear of injury
- Fear induces the person to deliver property/valuable security
- The delivery is dishonestly induced
Punishment — Section 305 BNS
- Simple extortion: Imprisonment up to 3 years + fine, or both
- Extortion by putting in fear of death/grievous hurt: up to 10 years + fine
- Attempting extortion by putting in fear of accusation of offence: up to 10 years + fine
Sections 309–310 — Robbery and Dacoity
Section 309 — Robbery
Robbery is an aggravated form of either theft or extortion. Theft or extortion becomes robbery when:
- In committing theft, offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear thereof
- In committing extortion, offender puts the person in fear of instant death, hurt, or wrongful restraint, and obtains delivery of property then and there
Punishment: Rigorous imprisonment up to 10 years + fine. If on highway between sunset and sunrise: up to 14 years.
Section 310 — Dacoity
When five or more persons conjointly commit or attempt to commit robbery, or when the whole number of persons conjointly committing or attempting and persons present aiding equals five or more — every such person is said to commit dacoity.
Punishment for Dacoity:
- Simple dacoity: Rigorous imprisonment for life, or 10 years + fine
- Dacoity with murder: Death or rigorous imprisonment for life
- Dacoity with attempt to cause grievous hurt: 10 years to life
- Dacoity with preparation for hurt/death: 7 to 10 years
Robbery vs Dacoity — Key Distinction
| Element | Robbery (Sec 309) | Dacoity (Sec 310) |
|---|---|---|
| Persons Required | 1 or more | 5 or more |
| Base Offence | Theft + violence/extortion + immediate fear | Robbery committed by 5+ |
| Punishment | Up to 10 years (14 on highway) | Life imprisonment or 10 years |
| With Murder | Death or life (Sec 309) | Death or life (Sec 310) |
Sections 314–316 — Criminal Misappropriation and Criminal Breach of Trust
Section 314 — Dishonest Misappropriation
Whoever dishonestly misappropriates or converts to his own use any moveable property shall be punished with imprisonment up to 2 years, or fine, or both.
Key Distinction from Theft: In criminal misappropriation, the property comes into the accused’s possession innocently or lawfully; the dishonest intent arises later.
Section 316 — Criminal Breach of Trust
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, commits criminal breach of trust.
Punishment Gradations:
- Simple CBT: up to 3 years + fine
- CBT by carrier/wharfinger/warehouse keeper: up to 7 years + fine
- CBT by clerk/servant: up to 7 years + fine
- CBT by public servant/banker/merchant/agent/director: up to 7 years + fine
Sections 318–319 — Cheating
Section 318 — Cheating
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 if he were not 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”.
Essential Ingredients of Cheating:
- Deception
- Fraudulent or dishonest inducement
- Delivery of property or act/omission
- Damage or harm (actual or likely)
Punishment:
- Simple cheating: up to 3 years + fine
- Cheating with dishonest inducement to deliver property: up to 7 years + fine
- Cheating by personation: up to 5 years + fine
Sections 324–326 — Mischief
Section 324 — Definition of Mischief: 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.
Punishment Gradations:
- Simple mischief: up to 6 months + fine
- Mischief causing loss of ₹20,000+: up to 2 years + fine
- Mischief to irrigation works: up to 5 years + fine
- Mischief to railway/aircraft/public infrastructure: up to 5 years + fine
- Mischief by fire/explosive on property worth ₹1 Lakh+: up to 10 years + fine
Sections 329–334 — Criminal Trespass
| Section | Offence | Punishment |
|---|---|---|
| 329 | Criminal Trespass | 3 months + fine up to ₹5,000 |
| 330 | House Trespass | 1 year + fine up to ₹5,000 |
| 331 | House Trespass for committing offence | Punishment for offence + 2 years extra |
| 332 | Lurking House Trespass/Housebreaking | 2 years + fine |
| 333 | Lurking House Trespass/HB — night | 3 years + fine |
| 334 | Housebreaking for committing offence | Punishment for offence + 3 years extra |
High-Probability Exam Questions — BNS Property Offences
- “A takes B’s property with the consent of B’s servant but without B’s consent — is this theft?” (Yes — consent of servant ≠ consent of owner)
- “Distinguish between robbery and dacoity under BNS 2023.”
- “Under what circumstances does extortion become robbery?”
- “Discuss the essential ingredients of cheating under BNS 2023.”
- “A finds a watch on the road and keeps it. What offence, if any, has been committed?” (Dishonest misappropriation — Section 314)
Practice Quiz — BNS 2023 Property Offences
Practice Quiz — 10 Judiciary Exam-Style Questions
Click an option to reveal the answer and explanation.
Frequently Asked Questions — BNS Property Offences
Q1: What section of BNS 2023 defines theft?
Theft is defined under Section 303 of BNS 2023, replacing IPC Section 378. The five essential ingredients — dishonest intention, moveable property, possession of another, without consent, and asportation — remain unchanged.
Q2: How many persons are required for dacoity under BNS 2023?
Dacoity under Section 310 of BNS 2023 requires five or more persons conjointly committing or attempting robbery. This mirrors the old IPC Section 391 requirement.
Q3: What is the difference between theft and criminal misappropriation?
In theft, dishonest intention exists from the very beginning when taking the property. In criminal misappropriation (Section 314 BNS), the property enters possession lawfully/innocently; dishonest intent arises later when the person decides to misappropriate it.
Q4: When does extortion become robbery under BNS 2023?
Extortion becomes robbery under Section 309 when: (a) the offender puts the person in fear of instant death, instant hurt, or instant wrongful restraint, AND (b) obtains delivery of property then and there in the presence of the person put in fear.
Q5: What is housebreaking under BNS 2023?
Housebreaking is an aggravated form of house trespass where entry is made through a passage made for entry by the offender, or through a passage not intended for human entry, or by breaking any part of the house. Section 332 BNS governs housebreaking punishment.
Conclusion
BNS 2023 Chapter XVII (Sections 303–334) covering property offences is one of the highest-weightage areas in all judiciary exams — PCS-J, APO, and Civil Judge alike. The new provisions largely mirror IPC but use restructured numbering and some updated punishments. Judiciary Gurukul’s daily practice questions on BNS 2023 will help you solidify this critical chapter through application-based questions that directly test exam-pattern understanding.
