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Criminal-Lawyer-in-Indore

Section 304 of Bhartiya Nyaya Sahita (BNS): Snatching

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.

(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.

Definition of Snatching

Sub-section (1):
“In case the offender, with intent to commit theft, on a sudden, rapid, or forcible seizure, securing, grabbing, or taking away of any movable property from the person or possession of another, then the theft is considered as snatching.”

The characteristic feature of snatching will be the suddenness or forcefulness of the act in question makes it emerge distinct from other forms of theft which may be committed furtively or by trick.

Elements of Snatching

  1. Suddenness or Quickness
    • The act is done with haste and suddenness, unexpected on the part of the victim.
  2. Forcefulness
    • The employment of physical strength or fear to wrest the property from its owner.
  3. Direct Seizure
    • The property is seized from the person or his actual possession as distinguished from property taken from a place or receptacle.
  4. Movable Property
    • The object of snatch has to be property moveable, which speaks for itself and means anything which is capable of being moved from one place to another.

Punishment for Snatching

Sub-section (2):
Whoever commits the offence of snatching shall be punishable with imprisonment of either description which may extend to three years. The imprisonment can be of either description, meaning it can be rigorous involving hard labor or simple without hard labor.

Penalty:
Moreover, the convict should be subject to pay a fine and the level of fine to be paid is to be set by the judge while given the sentence.

Legal and Social Effects

Legal Effects:

  • Clarity of Definition: By specifically making snatching a separate dimension of theft, the law has intended to make provisions so that the crime committed can suitably be committed and punished.
  • Appropriate Punishment: The punishment provided, which may extend to three years imprisonment and fine, is commensurate with the severity of the crime, having regard to the distress and possible harm caused to the victim due to the sudden and forcible nature of the act.

Social Implications:

  • Deterrence: The legislature has tried to deter persons from committing such crimes by making snatching a specific offence under the code with defined punishments.
  • Victim Protection: Noting the impact of snatching on the victim alone, who usually develops a fear of being traumatized with such an abrupt and forceful crime, it is the intent of the law to further create some sort of justice and security for them.

Practical Application

Investigation and Prosecution:

  • Evidence Gathering: The Police needs to collect evidence proving that the act had been accomplished through suddenness, quickness, or force, such as witness statements, closed-circuit television, and physical evidence.
  • Proving Intent: The prosecutor needs to be able to prove that the offender had a clear intention of committing theft, and the act in question was committed in such a way that it can be considered as snatching.

Judicial Considerations:

  • Seriousness of Offence: The judge will consider the aggravating or mitigating conditions of the snatch: degree of force used, the value of the property stolen, or the traumatic effect on the victim when deciding a proper sentence from within the prescribed range.
  • First Offender: In case of first-time offenders, the court can consider any mitigating circumstances and award a lesser sentence or other forms of punishment like community service, as the case may be.

Conclusion

Section 304 of the Bhartiya Nyaya Sahita unequivocally marks the criminal offense of snatching from other regular types of theft due to its sudden, quick, and forcible nature. The provision, therefore, is to deter such acts by the imposition of up to three years of imprisonment and fines upon offenders, at the same time ensuring that justice and protection be served for victims. Expressly defining and penalizing snatching enhances the capacity of the law enforcers and courts to effectively respond against this particular type of theft for greater safety and security in society.


Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304


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