Introduction of 304 BNS
The Bharatiya Nyaya Sanhita (BNS) Section 304 defines and punishes the crime of snatching, which is a specific type of theft committed by suddenly or forcibly taking movable property from someone’s possession. Unlike ordinary theft, snatching involves speed, surprise, or use of force, which causes fear and distress to the victim. This section ensures public safety by treating snatching as a serious offense, prescribing strict punishments, and empowering law enforcement to act swiftly. By replacing the provisions of the old IPC, it modernizes the law to address this rising street-level crime.
What is BNS Section 304 ?
Snatching, under BNS Section 304, is a specific type of theft involving a quick or forceful seizure of movable property from a person or their possession. The offense becomes snatching when the act is carried out suddenly, with or without the use of force. The punishment for snatching is imprisonment for up to three years and a fine, reflecting the seriousness of this offense.
Under Section 304 of the bns act 2023
Whoever commits theft by suddenly or forcibly taking away movable property from the possession of any person shall be punished with imprisonment which may extend to three years, and shall also be liable to fine.”
1. Meaning of Snatching
This section defines snatching as a special category of theft.
- It happens when property is taken away suddenly, quickly, or forcibly.
- The act must occur in the presence of the victim, catching them off guard.
- Common examples include chain snatching, purse snatching, or grabbing a mobile phone from someone’s hand.
- It is treated more seriously than simple theft because it creates fear, distress, and potential harm.
2. Who is Covered?
This law applies to:
- Street Offenders/Thieves → grabbing chains, bags, or phones in public places.
- Pickpockets using sudden force → quickly pulling a wallet or item directly from the person.
- Groups or gangs → working together to distract and forcibly take property.
- Repeat Offenders → those who engage in habitual snatching crimes.
3. Nature of the Offense
- Cognizable → Police can register a case and arrest the accused without prior permission from a Magistrate.
- Non-bailable → The accused cannot claim bail as a right; only the court can decide.
- Non-compoundable → The case cannot be settled privately between victim and accused.
- Triable by Any Magistrate → Any Magistrate has the authority to try these cases.
4. Examples of BNS Section 304 (Snatching)
- Example 1 – Chain Snatching: A thief suddenly pulls a gold chain off a woman’s neck in a market. → This is snatching.
- Example 2 – Phone Snatching: Someone grabs a mobile phone from a commuter’s hand in a bus and runs away. → Covered under Section 304.
- Example 3 – Purse Snatching: A thief forcibly pulls a handbag from a pedestrian’s shoulder while escaping on a bike. → Punishable as snatching.
5. Punishment under BNS Section 304
- Imprisonment: Up to 3 years.
- Fine: A monetary penalty may also be imposed.
- Both: In serious cases, courts can impose both imprisonment and fine.
The strict punishment serves as a deterrent, especially because snatching often happens in crowded public spaces and spreads fear.
6. Importance of BNS Section 304
- Protects public safety → citizens can travel or carry belongings without constant fear.
- Recognizes suddenness as a crime element → unlike theft, snatching is direct, fast, and forceful.
- Discourages street crimes → especially chain snatching, bag lifting, and mobile thefts.
- Strengthens law enforcement powers → quick arrest powers ensure timely action against offenders.
Section 304 BNS Overview
BNS Section 304 deals with the criminal offense of snatching, which involves the sudden or forceful taking of movable property from a person or their possession. Snatching is distinguished from regular theft due to the element of speed, surprise, and/or physical force used to take the property. Unlike theft, where the property is taken without the victim’s knowledge, snatching typically occurs quickly and in the victim’s presence, causing fear and distress. The section ensures that such acts are punishable with imprisonment and a fine, reflecting the severity of the crime and the harm it causes to the victim.
10 Key Points of BNS Section 304
1. Definition and Nature of Snatching
Snatching is a specific type of theft where the offender seizes or takes property from a person in a sudden or forceful manner. It usually involves taking something from the victim’s hand, such as a bag, phone, or jewelry. The suddenness of the act leaves the victim with little time to react, making it an offense that causes immediate harm. The force or speed involved may be physical, as in grabbing a purse, or even as simple as snatching a phone from someone’s pocket. The offense typically takes place in public places, where there are more chances for the offender to escape quickly.
2. Suddenness and Quickness
A key characteristic of snatching is the speed with which the property is taken. The offender does not plan the theft over a long period but acts quickly, often catching the victim off guard. For example, grabbing someone’s phone from their hand in a crowded area is an act of snatching. The element of surprise is critical, as it prevents the victim from reacting in time to protect their belongings. In such instances, the victim is left feeling vulnerable and violated. The law recognizes this suddenness as a key factor in determining the offense of snatching.
3. Forcible Seizure of Property
While some cases of snatching may involve a simple grab, others may involve physical force to wrestle the property away from the victim. This could mean pushing or pulling the victim in an attempt to grab an item like a purse or wallet. For instance, a thief might pull a bag off someone’s shoulder in a busy market. The use of force makes snatching more serious compared to other forms of theft, as it involves not just stealing, but also causing potential harm or injury to the victim. This forcible element is what distinguishes snatching from a simple pickpocketing incident.
4. The Offense Occurs in the Victim’s Presence
Unlike traditional theft, snatching happens in the presence of the victim, which increases the sense of violation. The victim becomes an immediate witness to the act, often unable to do anything to stop it. For example, if a person is walking on the street and someone suddenly snatches their bag, the victim is left helpless, often in shock. The victim’s fear and distress contribute to the severity of the crime. This is one reason why snatching is classified as a more severe offense in comparison to theft where the victim may not even realize the crime has occurred.
5. Punishment for Snatching
BNS Section 304 specifies that anyone found guilty of snatching shall be punished with imprisonment for a term that may extend up to three years, along with a fine. The severity of the punishment reflects the seriousness of the crime. The penalty serves as a deterrent, warning would-be offenders of the consequences of engaging in such acts. Imprisonment and fines are intended to discourage the use of force in theft, and to protect individuals from becoming victims of this kind of crime. The law aims to maintain public safety by imposing strict penalties for offenses like snatching.
6. Cognizable Offense
Snatching is classified as a cognizable offense under BNS Section 304, meaning the police have the authority to arrest the accused without a warrant. This ensures a quicker response from law enforcement, allowing them to apprehend the offender before they can escape. Once a complaint is lodged, the police can begin investigating the crime immediately. This classification also means that snatching is considered a more serious crime than non-cognizable offenses, which require prior permission from a magistrate to arrest. The cognizable nature of snatching helps ensure that such offenses are dealt with promptly and seriously.
7. Non-Bailable Offense
Snatching, under BNS Section 304, is a non-bailable offense, which means that the accused cannot seek bail as a matter of right. This makes it more difficult for the accused to gain immediate release after being arrested. The non-bailable nature reflects the seriousness of the offense, especially given that snatching often involves force and is committed in public. This provision ensures that the offender remains in custody until the case is heard in court, where the gravity of the offense will be evaluated. The law emphasizes that such violent theft should not be treated lightly, and it ensures that justice is served.
8. Non-Compoundable Offense
Snatching is a non-compoundable offense under BNS Section 304, meaning it cannot be settled between the victim and the accused. The law does not allow the parties involved to reach a private settlement, ensuring that the offender faces the consequences of their actions in a court of law. This ensures that snatching remains a serious crime with public interest, preventing the possibility of bribery or coercion for a private resolution. The state has an interest in prosecuting such crimes to maintain order and protect its citizens, regardless of any agreement between the victim and offender.
9. Triable by Any Magistrate
The offense of snatching is triable by any magistrate, which means that the case can be heard in any court with the authority to try such crimes. This ensures that the legal process is accessible and efficient, allowing victims to get justice without unnecessary delays. The flexibility in jurisdiction helps reduce the burden on higher courts and ensures that the case is resolved at a local level. By making snatching triable in any magistrate’s court, the law ensures swift and accessible justice for all parties involved.
10. Public Safety and Deterrence
One of the primary objectives of BNS Section 304 is to ensure public safety by deterring individuals from committing snatching. The severity of the punishment, along with the quick arrest powers granted to police, aims to reduce the occurrence of such crimes. Snatching is a crime that directly affects public security, as it often happens in busy areas, such as markets or streets. By treating snatching as a serious offense, the law not only punishes offenders but also sends a strong message that such acts will not be tolerated in society.
2 Example of BNS 304
Example 1: Ravi is walking on a busy street when a thief suddenly runs up to him, grabs his phone from his hand, and quickly runs away. The thief forcibly took Ravi’s phone without his consent. This is a case of snatching, where the thief committed theft by quickly and forcefully seizing the phone.
Example 2: Priya is carrying her handbag on her shoulder when a man quickly snatches it from her and runs off. She tries to hold on, but the man pulls the bag away with force. This is also snatching, where the thief uses sudden force to take away the movable property (Priya’s handbag) without her permission.
304 BNS Punishment
1. Imprisonment:
Under BNS Section 304, the punishment for snatching is imprisonment, which may extend up to three years.
2. Fine:
In addition to imprisonment, the offender is also liable to pay a fine. The exact amount of the fine is not specified in the section, but it serves as an additional penalty alongside imprisonment.
304 BNS bailable or not ?
BNS Section 304 specifies that snatching is a non-bailable offense. This means that the accused cannot be granted bail as a matter of right, and the decision to grant bail is left to the discretion of the court. Given the nature of the crime and its impact on public safety, the non-bailable nature ensures that the accused remains in custody until the case is heard in court.
Bharatiya Nyaya Sanhita Section 304
| Section | Offence (Short) | Punishment | Bailable? | Cognizable? | Triable By |
|---|---|---|---|---|---|
| BNS 304 | Snatching — theft committed by suddenly, quickly, or forcibly taking movable property from a person or their possession (presence of victim; element of speed/force). | Imprisonment up to 3 years, and fine. | Non-bailable | Cognizable | Any Magistrate |
| IPC 379 | Theft — dishonestly taking movable property out of another’s possession without consent (general theft; victim need not be present). | Imprisonment up to 3 years, or fine, or both. | Generally non-bailable (depends on facts) | Cognizable (serious thefts) | Any Magistrate |
| IPC 392 | Robbery — when theft is committed with use or threat of violence (force or putting person in fear); more serious than snatching/theft. | Rigorous imprisonment (varies by degree) — higher than simple theft; can extend to 10 years or more depending on harm. | Non-bailable | Cognizable | Any Magistrate / Sessions (depending on severity) |
| Quick notes: Snatching (BNS 304) is treated as a serious form of theft due to suddenness and force, but it only becomes robbery (IPC 392) if there is sufficient violence or threat to the victim. IPC §379 is the baseline theft provision — snatching facts often overlap with 379 but are singled out under BNS 304 for stricter treatment. Always check case law and the exact facts before advising on cognizability/bail. | |||||
BNS Section 304 FAQs
What is snatching under BNS Section 304?
Snatching is a sudden or forcible act of theft where movable property is taken from someone’s possession. It involves quick action, often leaving the victim helpless.
What is the punishment for snatching?
The punishment for snatching under BNS Section 304 is imprisonment for up to three years and a fine.
How is snatching different from theft?
Snatching is a specific form of theft that involves suddenness or force, making it more aggressive and traumatic for the victim.
Is snatching a bailable offense?
No, snatching is a non-bailable offense, meaning the accused cannot seek bail as a matter of right.
Who can try cases of snatching?
Snatching cases can be tried by any magistrate under the provisions of BNS Section 304.
Conclusion
BNS Section 304 plays a crucial role in ensuring public safety by penalizing thefts carried out through suddenness or force. By classifying snatching as a cognizable, non-bailable, and non-compoundable offense, the law highlights its seriousness and discourages offenders from exploiting victims in public spaces. The prescribed punishment of imprisonment and fine not only serves as a deterrent but also assures citizens that their safety and property are protected by law. In a society where street crimes can quickly escalate, Section 304 stands as a safeguard for security, trust, and order.
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