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BNS Section 304

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 304

Snatching

Section 304 of the Bharatiya Nyaya Sanhita (BNS), which replaces Section 379 of the Indian Penal Code (IPC), deals with the offense of snatching.


(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 moveable 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.

Example:
Vijay, while riding his motorcycle, snatches the gold chain of a pedestrian and speeds off. Vijay is guilty of the offence under this Section.


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Key Points in BNS-304
 

  1. Definition of Snatching:
     

    • Act of Snatching: Snatching is a specific type of theft characterized by the sudden, quick, or forceful seizure of movable property from a person or their possession. The essential elements include:
       

      • Suddenness: The act must be carried out abruptly or quickly.
         

      • Forcible Action: The property must be taken by using force or a swift action to grab it.
         

      • Movable Property: The property involved must be movable, which means it can be physically carried away.
         

  2. Punishment for Snatching:
     

    • Imprisonment: The offender can be punished with imprisonment of either description for up to three years.
       

    • Fine: In addition to imprisonment, the offender is also liable to a fine.
       

Important Aspects:
 

  • Nature of the Act: Snatching is distinguished from other forms of theft by its method. Unlike theft which can involve deceit or stealth, snatching involves a direct, often violent or forceful approach to taking property.
     

  • Forcible Seizure: The act of snatching involves using force or suddenness, which often means it is carried out in a manner that might cause physical harm or alarm to the victim.
     

  • Severity of Punishment: The punishment for snatching includes imprisonment and a fine, reflecting the severity of the act. The emphasis on imprisonment indicates that snatching is considered a serious crime, given its often violent nature.
     

  • Movable Property: Similar to general theft, the property involved in snatching must be movable. This excludes immovable property such as land or buildings.


Summary:

BNS-304 defines "snatching" as a type of theft where the offender forcibly or suddenly seizes movable property from another person or their possession. This act is characterized by its immediate and often violent nature. The punishment for snatching includes imprisonment for up to three years and a fine, reflecting the seriousness of the crime. The focus on forceful action and the abruptness of the act distinguishes snatching from other forms of theft.


Offence : Snatching.


Punishment : Imprisonment for 3 years and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Any Magistrate.




Browse through our complete index of all BNS sections. Learn about the Bharatiya Nyaya Sanhita with our extensive resource that covers every section in detail.


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