Offences Against Property
(1) Intending to dishonestly take movable property out of someone's possession without their consent, and moving it toward that taking, is "theft". Property attached to earth becomes theft-capable once severed; "moving" includes removing an obstacle, separating from another thing, or causing an animal to move (and everything it moves in turn); consent may be express or implied, from the possessor or someone with authority. (2) Theft is punished with up to 3 years' imprisonment, fine, or both - rising to 1-5 years rigorous imprisonment plus fine on a second/subsequent conviction. First-time theft under ₹5,000, with restitution/return, is punished with community service instead.
This is the foundational property-crime definition - "dishonest" intent is the key element distinguishing theft from an honest mistake or a genuine belief the property was one's own, and the section includes a notable leniency provision (community service) for small-value, first-time, restitution-making theft.
This section's community-service option for small-value first-time theft (under ₹5,000, with restitution) reflects a deliberate policy choice toward rehabilitation over incarceration for minor, first-time property crime.