Snatching under Bharatiya Nyaya Sanhita, 2023 (BNS)

Introduction 

The offence of snatching represents one of the most common forms of street crime in modern India, particularly in urban areas. Recognizing the distinct nature of this crime, the Bharatiya Nyaya Sanhita, 2023 (BNS) has specifically codified snatching as a separate offence under Section 304.  

• This provision addresses the increasing incidents of chain snatching, mobile phone theft, bag snatching, and similar crimes that involve sudden or forcible taking of property directly from victims. 
• The inclusion of snatching as a distinct offence reflects the legislature's understanding that such crimes not only involve theft of property but also pose a direct threat to personal safety and public order.  
• The sudden and forcible nature of snatching often leaves victims traumatized and creates a sense of insecurity in society. 

Offence of Snatching under Bharatiya Nyaya Sanhita, 2023 

Section 304 of BNS defines and prescribes punishment for the offence of snatching: 

Definition: 

• Section 304(1) defines snatching as a form of theft where the offender suddenly, quickly, or forcibly seizes, secures, grabs, or takes away movable property from any person or from their possession. 

Essential Elements of Snatching: 

• Theft as Base Offence: Snatching is fundamentally a form of theft, meaning all elements of theft under Section 303 BNS must be present. 
• Movable Property: The object of snatching must be movable property as defined under the BNS. 
• From a Person or Their Possession: The property must be taken directly from a person or from their immediate possession, distinguishing it from ordinary theft. 
• Manner of Taking: The taking must be: 
  • Sudden: Unexpected and without warning 
  • Quick: Swift in execution 
  • Forcible: Using force or violence 
• Intent: The offender must have the intention to commit theft through such sudden or forcible means. 

Punishment under Section 304(2): 

• Imprisonment: Either simple or rigorous imprisonment for a term which may extend to three years. 
• Fine: The offender shall also be liable to a fine. 
• Nature: Both imprisonment and fine are mandatory, not alternative punishments.

Cognizability/ Bailability: 

• Snatching is a cognizable, non-bailable, and non-compoundable offence. 

Types of Snatching 

1. Chain Snatching: Forcible removal of gold chains, necklaces, or ornaments from victims. 
2. Mobile Phone Snatching: Quick grabbing of mobile phones from users. 
3. Bag Snatching: Sudden seizure of handbags, purses, or backpacks. 
4. Vehicle-Based Snatching: Snatching committed from moving vehicles. 
5. ATM Area Snatching: Targeting victims near ATMs or banks. 

Difference Between Theft under BNS and IPC and Snatching under BNS 

• The distinction between theft under BNS and IPC and snatching (Section 304) under BNS is crucial for proper classification and prosecution: 

Conclusion 

Section 304 of BNS, 2023 codifies snatching as a distinct offence, addressing prevalent street crimes through specific elements of suddenness, quickness, or force. The mandatory punishment structure of imprisonment and fine reflects legislative intent to deter such crimes. Clear distinction from ordinary theft ensures appropriate prosecution, while successful implementation requires coordinated police training, surveillance systems, and public awareness to ensure swift justice and public safety.