● Modified in BNS
IPC Section 379 punished theft with imprisonment up to 3 years, fine, or both. Under the BNS, the offence continues as Section 303(2), with punishment enhanced for repeat offenders and a new community-service option for first-time, low-value theft. It is generally non-bailable and cognizable, though a first-time theft under ₹5,000 that is returned or restored is treated as bailable and non-cognizable, and it is triable by any Magistrate.
Section 379 IPC punished theft with imprisonment up to 3 years, fine, or both, without a separate enhanced punishment for repeat offenders and without a community-service option.
BNS Section 303(2) increases the consequences for repeat theft: a second or subsequent conviction carries rigorous imprisonment of 1 to 5 years and fine. It also introduces a community-service option for a first-time conviction where the stolen property is worth less than ₹5,000 and is returned or restored, treating that narrow category as bailable and non-cognizable, unlike the general offence.
Punishment structure changed: BNS adds an enhanced minimum sentence for repeat offenders and a new community-service option with more lenient bail/cognizability treatment for minor, first-time, restored thefts, features the IPC did not have.
Imprisonment up to 3 years, fine, or both for a first offence; rigorous imprisonment of 1 to 5 years and fine for a second or subsequent conviction. Community service applies for a first-time conviction where the stolen property is worth less than ₹5,000 and is returned or restored..
IPC 379 is non-bailable for the general offence; bailable for a first-time theft under ₹5,000 where the property is returned or restored.
This is a cognizable for the general offence; non-cognizable for the narrow under-₹5,000, first-offence, restoration category offence.
Compoundable by the owner of the property stolen.
Matters under IPC 379 are tried before the Any Magistrate.
Common defences include disputing dishonest intention (the core ingredient of theft), a bona fide belief of ownership or right to the property, and consent of the owner to the taking. Where the property value is low and this is a first offence, promptly restoring the property is also directly relevant to sentencing under the community-service provision.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons