Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XVII > Snatching: (S. 304 BNS)
Snatching has shown itself as one of the largest threats to all strata of society, predominantly women and the elderly. It is pertinent to mention that it is one of the new offences that has been introduced in the New Criminal Laws. The rising incidents of chain snatching, and mobile phone snatching, which contain sensitive data, financial information, and passwords necessitated the addition of a section to punish the same. Theft is considered “snatching” if, with the intent to commit theft, the offender suddenly, quickly, or forcibly seizes, secures, grabs, or takes away any movable property from any person or their possession.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 304 | – | New Addition |
S. 304 BNS:
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 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.
Ingredients of Snatching
- Dishonest intention to take property;
- The property must be movable;
- The Property should be seized, grabbed or taken out of possession of another person by criminal force;
- It should be taken without consent of that person;
- There should be the taking of the property; and
- The taking should be suddenly and forcibly.
For example, if a person grabs someone’s phone out of their hand and runs away, this act would be considered snatching under Section 304 BNS.
Terminology Used:
- Criminal Force: According to S. 129 BNS whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
- Dishonestly: According to Section 2(7) BNS, “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.
- Wrongful Gain: According to Section 2(36) BNS, “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled.
- Wrongful Loss: According to Section 2(37) BNS, “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled.
- Gain and Lose Wrongfully: According to Section 2(38) BNS, a person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
Punishment:
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.
Classification of Offence:
Offence under S. 304 is Cognizable, Non-Bailable, and triable by any Magistrate.
Assault or Criminal Force in Attempt to Commit Theft Of Property Carried By A Person (S. 134 BNS)
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Provisions under BNSS:
FIR registration (Sections 173):
The procedure begins when the complainant goes to the police station to file an FIR under Section 173.
Property Seizure (Sections 106-107):
During the investigation, the police may seize any property associated with the crime vide Section 106. It also requires the seized property to be presented to the Magistrate. Section 107 (7),(8) lays down the procedure for the attachment, forfeiture or restoration of such property to the victim.
Investigation (Sections 173-196):
A new provision in BNSS has been added vide Section 173(3) wherein on receipt of information relating to a cognizable offence, the officer-in-charge of the police station may with prior permission from an officer not below the rank of Deputy Superintendent of Police
- Conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within 14 days, or
- proceed with investigation when there exists a prima facie case. The procedure for investigation is given under Section 176.
Charge Sheet (Section 193):
If there is adequate evidence following an inquiry, a charge sheet is submitted under Section 193.
Framing of Charges (Section 251):
Section 251 provides the framework for the start of the trial. BNSS states that charges must be framed within 60 days of the initial charge hearing.
Trial (Sections 248-260):
The witnesses are examined, cross-examined, and re-examined as the trial moves along.
- Section 248, the Public Prosecutor will lead the trial.
- Section 249: Prosecution will begin.
- Section 250: Discharge.
- Section 251: Framing of charges.
- Section 252: Plea of guilty and conviction.
- Section 253: Date of the prosecution’s evidence.
- Section 254: Prosecution-related evidence and
- Section 255: Acquittal.
Judgment (Sections 258-260):
The court renders a decision based on the evidence that was put out in the trial.
Case Laws:
In State v. Ravinder on 20 October, 2009 case, the accused Ravinder with the use of criminal force snatched the gold chain being worn by complainant against her consent and ran away with it. The Delhi District Court reasoned their judgment on the following points:
- That accused had used criminal force against the complainant; and
- That the accused had used the aforesaid criminal force against the complainant in order to commit theft of the golden chain being worn by the complainant on the said date & time.
- That accused had removed/snatched the golden chain being worn by the complainant against her Will
In State v. Sarvesh Kumar on 4 December, 2023 case, where the accused had snatched the gold chain of the complainant from his neck by using criminal force. The complainant had caught the accused immediately after the commission of the offence. Thereafter, the complainant called the police which arrived at the spot and the complainant handed over the custody of the accused and the stolen case property to the police. The Court observed that a theft has the following defining ingredients which must be proved in a given case, namely:
- Dishonest intention to take the property;
- The property must be moveable;
- It should be taken out of the possession of another person;
- It should be taken without the consent of that person; and
- There must be some moving of the property to accomplish it’s taking
Snatching as Petty Organised Crime under S. 112 BNS:
Petty Organized Crime
(1) Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Punishment:
For offence under this Section, punishment is imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Classification of Offence:
Offence under this Section is Cognizable, Non-bailable, triable by the Magistrate of the first class.
Conclusion:
In conclusion, snatching is a grave criminal offense that poses a significant threat to public safety and individual security. The offense of snatching not only involves the physical act of theft but also instills fear and insecurity among the victims, often leading to emotional trauma and psychological distress. The severity of the crime is reflected in the legal consequences, with stringent punishments, including imprisonment, fines, or both, to deter potential offenders. The legal framework for snatching emphasizes the importance of intent, the use of force, and the vulnerability of the victim. Courts consider factors such as the level of violence, the presence of weapons, and the impact on the victim when determining the appropriate sentence.
Moreover, snatching crimes are increasingly associated with organized criminal activities, highlighting the need for effective law enforcement, community awareness, and preventive measures. As urbanization and population density rise, so does the incidence of such crimes, necessitating continuous updates to laws and policing strategies.
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