IPC 378 vs BNS 378
● Retained in BNSTheft
Section 378 of the Indian Penal Code, 1860, defines theft as the act of dishonestly taking someone else’s movable property without their consent with the intention of permanently depriving the owner of it. This section forms the foundation of property offences under criminal law and is essential for safeguarding personal and movable property.
Key points:
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Applies to movable property only.
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Dishonest intention and absence of consent are critical elements.
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Punishment: Imprisonment up to 3 years, or fine, or both.
For example, if a person secretly takes another’s laptop intending to keep it permanently, it constitutes theft under IPC 378. The law emphasizes protection of property rights and ensures that individuals committing theft are legally accountable for their actions.
Theft
Section 378 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 378. It punishes dishonest taking of someone else’s movable property without consent, maintaining the same legal definitions and punishments.
Key points:
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Protects movable property from unauthorized taking.
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Dishonest intention and lack of consent are required for punishment.
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Punishment remains up to 3 years imprisonment, or fine, or both.
For instance, stealing a neighbor’s bicycle to keep permanently falls under BNS 378. This provision ensures consistency in property protection laws and aligns BNS 378 fully with IPC 378.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 378 to BNS BNS 378.