| Particulars | Details |
|---|---|
| Section | BNS Section 304 |
| Offence | Snatching |
| Old IPC Equivalent | No Direct IPC Equivalent |
| Punishment | Up to 3 Years' Imprisonment + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Magistrate First Class |
Introduction
BNS Section 304 introduces snatching as a separate criminal offence under the Bharatiya Nyaya Sanhita, 2023. Before the enactment of the BNS, incidents such as mobile phone snatching, chain snatching, purse snatching, and similar offences were generally prosecuted under theft, robbery, or other related provisions of the Indian Penal Code.
The legislature recognised that snatching has become a common street crime affecting public safety, particularly in urban areas. To address this growing concern, BNS Section 304 specifically defines and punishes snatching as a distinct offence.
The section focuses on situations where an offender suddenly, quickly, or forcibly takes movable property from a person or from that person's possession in order to commit theft.
What is BNS Section 304?
BNS Section 304 defines snatching as a special form of theft where the offender suddenly, quickly, or forcibly seizes, grabs, secures, or takes away movable property from a person or from that person's possession.
The offence is complete when the property is taken through a sudden or forceful act intended to facilitate theft. Common examples include chain snatching, mobile phone snatching, purse snatching, bag snatching, and similar offences.
Unlike ordinary theft, which may occur without the victim's immediate awareness, snatching typically involves direct and sudden taking of property from the victim's possession.
Bare Act Text of BNS Section 304
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.
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.
In Simple Words
If a person suddenly or forcibly grabs a mobile phone, purse, gold chain, bag, wallet, or any other movable property from another person's possession in order to steal it, the offence amounts to snatching under BNS Section 304.
The law treats such conduct as a separate offence because of the direct and sudden nature of the act.
Essential Ingredients of BNS Section 304
To establish an offence under BNS Section 304, the prosecution generally needs to prove the following:
1. Movable Property
The subject matter of the offence must be movable property.
2. Intention to Commit Theft
The accused must have intended to dishonestly take the property.
3. Sudden, Quick, or Forcible Taking
The property must be seized, grabbed, secured, or taken away suddenly, quickly, or forcibly.
4. Property Taken from a Person or Possession
The property must be taken directly from the victim or from the victim's possession.
5. Dishonest Removal of Property
The taking must be without lawful authority and with dishonest intention.
Punishment Under BNS Section 304
BNS Section 304 prescribes the following punishment for snatching:
| Offence | Punishment |
|---|---|
| Snatching | Up to 3 Years' Imprisonment + Fine |
The court may impose imprisonment, fine, or both depending on the facts and circumstances of the case.
Classification of Offence Under BNS Section 304
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Magistrate First Class |
What Does the Classification Mean?
Since the offence is cognizable, the police may register an FIR and investigate the matter without obtaining prior approval from a Magistrate.
As the offence is non-bailable, release on bail is not available as a matter of right and depends upon the decision of the competent court.
The offence is non-compoundable, meaning the parties cannot privately settle the criminal case.
The trial is conducted by a Magistrate First Class.
Bail Under BNS Section 304
BNS Section 304 is a non-bailable offence. Therefore, an accused person must apply for bail before the competent court.
While considering a bail application, courts may examine the nature of the allegations, the manner in which the snatching was committed, the recovery of stolen property, the criminal history of the accused, and the available evidence.
Where the offence involves organised criminal activity, repeat offenders, or violence against the victim, courts may adopt a stricter approach while considering bail.
However, the grant or refusal of bail ultimately depends upon the facts and circumstances of each case.
Which Court Has Jurisdiction Under BNS Section 304?
Offences under BNS Section 304 are triable by a Magistrate First Class.
After the completion of investigation, the police submit a charge sheet before the competent Magistrate. The Magistrate examines the evidence, hears the prosecution and defence, and determines whether the offence of snatching has been established.
Upon conviction, the Magistrate may impose the punishment prescribed under the section.
Step-by-Step Legal Process Under BNS Section 304
- Reporting of the snatching incident to the police.
- Registration of FIR.
- Investigation by the police.
- Collection of CCTV footage, electronic evidence, and witness statements.
- Identification of the accused.
- Arrest of the accused, where required.
- Recovery of stolen property.
- Recording of statements of witnesses and the victim.
- Filing of charge sheet before the competent Magistrate.
- Framing of charges.
- Examination and cross-examination of witnesses.
- Final arguments by the prosecution and defence.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
IPC Position vs BNS Section 304
| Aspect | IPC | BNS Section 304 |
|---|---|---|
| Separate Offence of Snatching | No | Yes |
| Specific Definition of Snatching | No | Yes |
| Chain Snatching Coverage | Through Other Offences | Specifically Covered |
| Mobile Snatching Coverage | Through Other Offences | Specifically Covered |
| Independent Punishment | No | Yes |
One of the major changes introduced by the BNS is the creation of a separate offence for snatching. Under the IPC, such conduct was usually prosecuted under provisions relating to theft, robbery, or other property offences depending upon the circumstances.
Important Case Laws Related to BNS Section 304
Since BNS Section 304 is a newly introduced provision, there are presently limited judicial decisions directly interpreting it.
However, courts may rely upon established legal principles relating to theft, robbery, dishonest intention, possession, and criminal force while interpreting the scope of the section.
As more cases are decided under the Bharatiya Nyaya Sanhita, judicial interpretation will further clarify the scope and application of the offence.
Defences Available Under BNS Section 304
Depending on the facts of the case, an accused person may raise several legal defences.
Common defences include:
- False implication.
- Mistaken identity.
- Lack of dishonest intention.
- Ownership or lawful claim over the property.
- Absence of evidence linking the accused to the offence.
- Failure of the prosecution to prove possession of the property by the complainant.
- Lack of credible witness testimony.
The success of these defences depends upon the evidence presented before the court.
Example of BNS Section 304
Suppose A is walking on a public road while speaking on a mobile phone. B suddenly approaches, grabs the mobile phone from A's hand, and runs away.
Since the property was suddenly and forcibly taken from the possession of A with the intention of committing theft, B may be prosecuted for snatching under BNS Section 304.
Similarly, chain snatching, purse snatching, and bag snatching incidents may also attract liability under this section.
Conclusion on BNS Section 304
BNS Section 304 introduces a dedicated offence for snatching and addresses a common form of street crime that affects thousands of people across the country. By specifically defining snatching and prescribing punishment of up to three years' imprisonment and fine, the law seeks to deter sudden and forceful thefts committed directly against individuals.
The provision fills an important gap that existed under the IPC and provides law enforcement agencies with a clear legal framework for prosecuting snatching offences.