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Section 304: Snatching

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Any Magistrate
Non-Bailable
Cognizable
Brand New BNS Section (Snatching)
Section 303 All 358 Sections of Bharatiya Nyaya Sanhita Section 305

Legal Commentary & Landmark Judgments: Section 304

Section 304 of the Bharatiya Nyaya Sanhita, 2023 introduces a distinct statutory offence of 'Snatching', penalising theft committed by suddenly, quickly, or forcibly seizing, securing, grabbing, or taking away movable property from a person.

  • Movable Property on Person: Property held, carried, or worn on the victim's person (gold chain, mobile phone, handbag).
  • Sudden/Forcible Seizure: Seized quickly, forcibly, or unexpectedly without consent.
  • Distinct Statutory Offence: Statutorily bridges the gap between simple theft and aggravated robbery, punishable with up to 3 years imprisonment and fine.
Key Landmark Precedents:
  • State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Affirmed that statutory enactments defining distinct street crimes provide specific tools to curtail violent property crimes on public thoroughfares.
  • Rakesh v. State (NCT of Delhi) (2018) 12 SCC 510: Recognised that sudden chain and mobile grabbing causes physical trauma and warrants deterrent sentencing under specialized anti-snatching provisions.
Courtroom Practice & Strategic Litigation Guidance:

In trials under Section 304, CCTV footage capturing the motorcycle flight and sudden snatching corroborated by Test Identification Parade (TIP) under Section 54 BNSS is critical. Defence should contest identity if TIP was delayed or conducted without precautions.

Section 303 All 358 Sections of Bharatiya Nyaya Sanhita Section 305