Criminal LawSection 303, Bharatiya Nyaya Sanhita, 2023

BNS Section 303

When does moving someone’s property count as theft?

Short answer

If you move any movable thing with a dishonest intention to take it without the owner’s consent, it is theft.

In detail

Under the Bharatiya Nyaya Sanhita, theft occurs when a person intends to dishonestly take any movable property out of another's possession and actually moves that property toward the taking. "Moving" includes physically shifting the item, removing an obstacle that lets it move, or causing an animal to move it. Consent may be spoken or implied and can be given by the possessor or anyone authorized to do so. Items that are still attached to the earth, like a tree before it is cut, are not theftable until they are severed. The law also covers situations where a person hides an item they intend to later sell, as the initial move is already theft. However, taking something that is not in anyone’s possession, such as a lost ring on a public road, does not constitute theft, though other offences may apply.

Reviewed by LegalX Editorial · 3 September 2026View source

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