Property and economic offences -- theft, extortion, robbery, dacoity, criminal breach of trust, cheating, and forgery -- are now defined under Chapter 17 of the Bharatiya Nyaya Sanhita, 2023, which carries forward the Indian Penal Code's substantive framework under renumbered sections, with some reorganization of how cheating and criminal breach of trust provisions interact.
Core property offences and their BNS sections
Chapter 17 of the Bharatiya Nyaya Sanhita, 2023 (BNS) consolidates property and economic offences. Theft is
defined under BNS Section 303 (previously IPC Sections 378-379); extortion under BNS Section 308 (previously
IPC Sections 383-384); robbery under BNS Section 309 (previously IPC Sections 390-392); and dacoity -- robbery
committed by five or more persons -- under BNS Section 310 (previously IPC Sections 391, 395-396). Criminal
misappropriation of property, a distinct and often-confused offence from both theft and criminal breach of
trust, is separately defined under BNS Section 314 (previously IPC Section 403), covering property that came
into the accused's possession lawfully or innocently but was later dishonestly converted for their own use.
Breach of trust and cheating
Criminal breach of trust is now BNS Section 316 (previously IPC Sections 405-406), covering dishonest
misappropriation or conversion of property entrusted to a person. Cheating is now BNS Section 318 (previously
IPC Sections 415-417). Legal commentary has noted the BNS reorganized some of the interplay between the
cheating and criminal breach of trust provisions compared to the IPC, so specific fact patterns straddling
both offences should be checked carefully against the current BNS text rather than assumed to map exactly
1:1 onto the old IPC sub-clauses.
Forgery
Forgery -- making a false document or false electronic record with intent to cause damage, support a
claim, or commit fraud -- is now dealt with from BNS Section 336 onward (previously IPC Section 463 onward),
with the BNS explicitly extending the offence to electronic records, addressing digital forgery more directly
than the original 1860 IPC language did. This is particularly relevant to NRIs, since forged Powers of
Attorney, fabricated property documents, and doctored digital communications are recurring fact patterns in
property disputes involving family members or associates back in India, and a criminal forgery complaint can
run alongside a separate civil suit to recover the property or set aside the fraudulent transaction.
What is the difference between theft and criminal breach of trust?
Theft (BNS Section 303) involves dishonestly taking property out of someone else’s possession without
consent. Criminal breach of trust (BNS Section 316) involves property that was lawfully entrusted to the
accused, who then dishonestly misappropriates or converts it for their own use -- the key distinction is
whether the accused had lawful possession of the property to begin with.
Is online/digital fraud covered under the BNS forgery and cheating provisions?
Yes -- the BNS extends both the forgery provisions (from Section 336 onward) and cheating (Section 318) to
electronic records and digital means, and these provisions are frequently used alongside the
Information-Technology-Act-specific cybercrime offences when prosecuting online financial fraud.
What makes robbery become dacoity under Indian law?
Under BNS Section 310, robbery becomes dacoity when it is committed, or attempted, by five or more persons
conjointly -- the number of persons involved is the defining factor that elevates robbery to the more
serious offence of dacoity.
