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    Question

    Under Section 304 of the BNS, 2023, X witnesses a woman

    wearing an expensive gold chain walking on a busy marketplace. X suddenly grabs the chain from behind the woman's neck without any prior altercation or warning, causing minor scratches to her neck due to the forcible pulling. However, X does not use any weapon, nor does he cause hurt beyond the scratches. The woman immediately chases and catches X before he can flee. Which of the following correctly determines X's criminal liability?
    A X is liable only for theft under Section 303 because snatching requires the use of weapons or serious physical injury Correct Answer Incorrect Answer
    B X is liable for snatching under Section 304 because he suddenly, quickly, and forcibly seized the chain, thereby committing theft in the manner described by that section Correct Answer Incorrect Answer
    C X is guilty of both theft and snatching as separate offences, attracting cumulative punishment under Sections 303 and 304 Correct Answer Incorrect Answer
    D X cannot be liable for snatching because he was apprehended immediately and the property was recovered, thus negating criminal intent Correct Answer Incorrect Answer
    E X is liable for simple hurt under Section 323 only, as the scratches constitute the principal injury rather than the taking of property Correct Answer Incorrect Answer

    Solution

    Explanation: Section 304 of the BNS introduces "snatching" as a distinct form of theft (corresponding to Section 379-A IPC). The provision defines snatching as theft "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." The critical elements are: (i) dishonest intent to take property; (ii) the property is movable; (iii) the taking is done suddenly, quickly, or forcibly. X's action satisfies all elements: he grabbed the chain suddenly and forcibly. The provision does NOT require weapons or serious injury; minor scratches from the forcible seizure do not negate the offence. Snatching is a form of theft but is punishable separately under Section 304 (up to 3 years imprisonment) precisely because it involves the element of force or suddenness, making it more serious than ordinary theft. The fact that X was caught before fleeing is irrelevant to establishing the completed offence. Thus, option (B) is correct.

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