Section 304 BNS: Snatching
Section 304 of the Bharatiya Nyaya Sanhita, 2023 creates a specific offence of snatching. Snatching is a form of theft in which movable property is suddenly, quickly or forcibly seized, secured, grabbed or taken away from a person or from that person's possession in order to commit theft.
- Law
- Bharatiya Nyaya Sanhita, 2023
- Section
- 304
- Chapter
- Chapter XVII - Offences Against Property
- Offence
- Snatching
- Maximum punishment
- Imprisonment up to three years and fine
- Nature of offence
- Cognizable and non-bailable
- Trial court
- Any Magistrate
Text of Section 304 BNS
Section 304(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.
Section 304(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.
Meaning of Snatching Under Section 304 BNS
Snatching is statutorily treated as a form of theft. The distinguishing feature is the manner in which the movable property is taken: the offender suddenly, quickly or forcibly seizes, secures, grabs or takes it away from a person or from that person's possession.
The wording covers a direct taking from the person as well as a taking from the person's possession. Typical factual situations may involve an article held, worn, carried or otherwise under the person's possession, but whether Section 304 applies depends on the facts and proof of the statutory ingredients.
Essential Ingredients of Snatching
For conduct to amount to snatching under Section 304, the following elements would ordinarily have to be established:
- The underlying conduct amounts to theft.
- The property involved is movable property.
- The offender acts in order to commit theft.
- The offender suddenly, quickly or forcibly seizes, secures, grabs or takes away the property.
- The property is taken from a person or from that person's possession.
How Section 304 Snatching Relates to Section 303 Theft
Section 304 begins with the words "Theft is snatching if". Accordingly, the definition of theft in Section 303 BNS remains important. Section 303 requires dishonest intention to take movable property out of another person's possession without consent and movement of that property in order to such taking.
Section 304 adds the particular manner of taking - a sudden, quick or forcible seizure, securing, grabbing or taking away - and separately prescribes punishment for snatching.
Sudden, Quick or Forcible Taking
The section is drafted in the alternative. The prosecution need not necessarily prove all three descriptions - sudden, quick and forcible - in every case. The statutory language covers a taking that is sudden or quick or forcible, provided the remaining ingredients of snatching are proved.
Not every theft is snatching. The specific manner of taking stated in Section 304 must be present. Likewise, the use of force or speed in a factual incident does not dispense with the requirement that the conduct be in order to commit theft.
Punishment for Snatching Under Section 304(2)
| Particular | Section 304 BNS |
|---|---|
| Imprisonment | Imprisonment of either description for a term which may extend to three years |
| Fine | The offender shall also be liable to fine |
Unlike wording that provides imprisonment "or" fine, Section 304(2) states that a person who commits snatching may be imprisoned for up to three years and shall also be liable to fine.
Is Section 304 BNS Cognizable and Bailable?
| Procedural point | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No - it is non-bailable |
| Court competent to try | Any Magistrate |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 304(2) BNS as cognizable and non-bailable and states that it is triable by any Magistrate.
Snatching Under BNS and the Former IPC
The Bharatiya Nyaya Sanhita expressly defines snatching as a separate form of theft in Section 304. The Indian Penal Code, 1860 did not contain a directly corresponding general provision titled "snatching" in the same manner. Depending on the facts, comparable conduct under the former IPC could fall within theft, robbery or other applicable offences.
The BNS is Act No. 45 of 2023. It received Presidential assent on 25 December 2023, and its provisions came into force on 1 July 2024 except Section 106(2).
Frequently Asked Questions
What is snatching under Section 304 BNS?
Snatching is theft where, in order to commit theft, the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property from a person or from that person's possession.
What is the punishment for snatching?
Section 304(2) provides imprisonment of either description up to three years, and the offender is also liable to fine.
Is Section 304 BNS cognizable?
Yes. The BNSS First Schedule classifies snatching as cognizable.
Is Section 304 BNS bailable?
No. It is classified as non-bailable.
Which court can try a snatching offence?
The BNSS First Schedule states that Section 304(2) is triable by any Magistrate.
Is every theft also snatching?
No. Snatching is a particular form of theft involving the sudden, quick or forcible seizure, securing, grabbing or taking away of movable property from a person or from that person's possession.
Legal note: This page provides general statutory information. Whether a particular incident amounts to snatching, theft, robbery or another offence depends on the manner of taking, the alleged use of force, dishonest intention, possession, consent, evidence and the facts of the case.
Last reviewed: 10 September 2026.