BNS Section 304: Snatching
Section 304 falls under Chapter 17 of the Bharatiya Nyaya Sanhita (BNS). Chapter 17 covers offences against property. Each section under this chapter deals with different offences related to various property related crimes. Section 304 specifically deals with snatching of property. Let us take a closer look at its provisions.
Definition of BNS Section 304
Section 304 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.
(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Explanation and Illustration of Section 304
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of snatching. Let us break down the section to get a better understanding of it.
Offence
This section provides for the offence of elevated theft in the form of snatching. As described in the section, if a person intending to commit theft grabs or seizes any article from the person in physical possession of that article, it shall be counted as snatching.
The difference between snatching and theft has been delineated here because snatching is considered a slightly more serious offence than theft, given that it involves physical confrontation, thereby exposing the victim to the possibility of bodily harm or injury.
And while the punishment for theft and snatching may more or less seem the same, the difference is that if a theft has been conducted for a a value of less than five thousand rupees and the stolen items are returned or replaced, then the thief can get away with serving a sentence of community service and no jail time.
Snatching, however, there are no such exceptions. No matter how small the value of the snatched item is. The offender will be given the full force of the punishment provided by this section.
Punishment
Any person found guilty of committing theft by means of snatching shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence.
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Key Points in BNS Section 304
This section deals with: Snatching
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 304 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 304 has no equivalent in the IPC. It has been newly introduced under BNS.
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FAQs about Section 304 of the Bharatiya Nyaya Sanhita (BNS)
What is section 304 of BNS?
Section 304 deals with the offence of snatching.
What is the punishment for 304 BNS?
Any person found guilty of committing theft by means of snatching shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
Is 304 BNS bailable or non bailable?
Section 304 is not a bailable offence.
How is snatching different from theft under BNS 304?
Theft involves dishonestly taking any movable property that is in the rightful possession of someone else. When someone commits theft by forcibly and suddenly seizing property from someone’s possession, it is snatching.
Does BNS 304 cover snatching by minors?
No. Minors are not culpable under the provisions of the BNS.
How does BNS 304 contribute to maintaining public order?
By penalising those who commit the offence of snatching, BNS contributes to the maintenance of public order.
