The Andhra Pradesh High Court has ruled that theft of property valued below ₹5,000 is a non-cognizable offence under the Bharatiya Nyaya Sanhita (BNS), 2023, meaning police cannot register an FIR or investigate without prior permission from a magistrate.
In a significant judgment, Justice Venkata Jyothirmai Pratapa quashed criminal proceedings against a petitioner accused of stealing sand worth ₹1,500, terming the police’s registration of an FIR as an “abuse of process of law.”
The court observed: “There is no doubt that the offence under Section 303(2) BNS is a non-cognizable offence. In such circumstances, the police shall follow procedure laid down under Section 174 of Bharatiya Nyaya Suraksha Sanhita, which mandates the police to obtain appropriate direction from the concerned Magistrate to proceed with investigation.”
The case stemmed from a criminal petition challenging charges under Section 303(2) of the BNS (theft) and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.
Police had registered an FIR after seizing sand from a trailer attached to the petitioner’s tractor, valued at ₹1,500 as per a Tahsildar report, without seeking magistrate approval.Under the proviso to Section 303(2) BNS, first-time offenders in theft cases involving property worth less than ₹5,000 face only community service upon restoration of the property, highlighting the minor nature of such offences.
The petitioner argued that the FIR was improperly registered for a non-cognizable offence, relied on a co-accused’s confession (which lacks evidentiary value without corroboration), and violated MMDR Act provisions requiring complaints by authorised mining officials. The State conceded the low value but defended the investigation.
However, the court sided with the petitioner, noting the police “mechanically registered the FIR against the petitioner without obtaining appropriate direction from the concerned Magistrate and proceeded with investigation and filed chargesheet, which is a clear abuse of process of law.”
While quashing the proceedings, the bench clarified that this does not bar competent authorities under the MMDR Act from pursuing action through proper channels, such as a private complaint.
Legal experts say the ruling reinforces procedural safeguards under the new criminal laws, preventing misuse of police powers in petty cases.
Similar interpretations have emerged in other high courts, emphasising magistrate oversight for minor thefts under the BNS.
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