Theft and Robbery Laws in Bangladesh: Offences, Punishment and Recovery in 2026

Theft law Bangladesh in 2026: offences, penalties and procedure

Theft law Bangladesh courts apply today still rests on Chapter XVII of the Penal Code 1860, but the consequences of getting the charge wrong have never been sharper. The same missing stock, cash or laptop can be prosecuted as theft, theft by a servant, criminal misappropriation, criminal breach of trust or cheating, and each label carries a different maximum sentence, a different police power and a different chance of settlement. Robbery and dacoity sit further up the ladder, where violence or numbers turn a property crime into one of the most heavily punished offences in the Code.

This guide explains how the offences fit together and what the 2026 reforms changed: the elements of theft, the aggravated forms, the lines between extortion, robbery and dacoity, the overlap with criminal breach of trust and cheating at work, receiving stolen property, bail, reporting, recovery under section 517 of the Code of Criminal Procedure, compromise under section 345 and the procedure an employer should follow.

Summary: Theft in Bangladesh is the dishonest moving of moveable property out of another person's possession without consent. Simple theft carries up to three years; theft from a dwelling or by an employee up to seven; theft prepared with violence up to ten. Add force or fear of instant harm and it becomes robbery; five or more offenders make it dacoity, punishable with life imprisonment. Where property was entrusted rather than taken, the charge is usually criminal breach of trust.

Key point: The Code of Criminal Procedure (Amendment) Act 2026 raised the value limit for summary trial of theft, misappropriation and stolen-property cases from ten thousand taka to five lakh taka, and added a new section 345(8) that lets the court refer a compoundable case to a legal aid officer or the parties' lawyers and record their settlement.

At a glance

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Table of Contents

How theft law Bangladesh is structured

Theft law Bangladesh practice draws on a small number of statutes. The Penal Code 1860 defines the offences and fixes maximum punishments. The Code of Criminal Procedure 1898 decides police powers, bail, the trial court, compromise and what happens to the property. The Evidence Act 1872 governs proof, and for employers the Bangladesh Labour Act 2006 adds a parallel disciplinary track.[1] [8]

Chapter XVII of the Penal Code, on offences against property, begins at section 378. Its first parts deal with theft, extortion, robbery and dacoity; then criminal misappropriation, criminal breach of trust and stolen property; then cheating and the fraud offences.[1] The wider framework, including the 2026 procedural reforms as a whole, is in our guide to criminal law in Bangladesh; this article focuses on the property offences.

Dishonesty is the common thread

Almost every offence in the chapter turns on the word "dishonestly", which the Penal Code defines by reference to an intention to cause wrongful gain to one person or wrongful loss to another.[1] The intention need not be to keep the property permanently. What the prosecution must prove is the state of mind at the moment of the act, which is why surrounding facts, messages and conduct matter so much.

The label attached to the facts then drives everything else: whether the police register an FIR, whether bail is a right, which court tries the case, whether it can be compromised and the maximum sentence. A complaint that pleads theft where the facts show entrustment invites discharge or acquittal, so classification is the first question in every theft law Bangladesh file.

Theft under section 378: the five elements

Section 378 provides that whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.[2] Each part of that sentence is a separate element, and a prosecution fails if any one of them is missing.

Moveable property

Only moveable property can be stolen. Land cannot, but things attached to the earth become capable of theft once severed, and the act of severing can itself complete the offence. Removing fixtures, cables or machinery from a factory floor can be theft.[2]

Out of the possession of another

Possession is not ownership. A pawnbroker, bailee or employer holding goods can be the victim, which is why an owner who dishonestly takes back his own watch from a pawnbroker can commit theft, one of the Code's sixteen illustrations.[2] Keeping lost property found in nobody's possession may instead be criminal misappropriation.

Without consent

Consent may be express or implied, and may come from the person in possession or anyone authorised by them.[2] Consent obtained by fear turns the offence into extortion. Implied consent is the usual battleground in family, partnership and employment disputes.

Dishonest intention at the time of taking

A person who takes property under a bona fide claim of right, believing it to be his, lacks dishonest intention even if the belief proves wrong. Secrecy, concealment, false explanations and disposal point to dishonesty; openness and willingness to return the property point the other way.

Moving the property

Theft is complete as soon as the property is moved with the necessary intention; it need not leave the premises. Moving includes removing an obstacle, separating one thing from another and causing an animal to move.[2] An employee caught with goods hidden in a bag inside the store can be charged with the completed offence.

Punishment for theft and its aggravated forms: sections 379 to 382

The Penal Code grades theft by where it happens, who commits it and whether violence was prepared. Within the statutory maximum, sentence depends on value, record, recovery and harm.

Section 379: simple theft

Whoever commits theft faces imprisonment of either description, simple or rigorous, for up to three years, or fine, or both.[1] The fine-only option makes section 379 the natural home for low-value first offences.

Section 380: theft in a dwelling-house or place of custody

Theft in any building, tent or vessel used as a human dwelling or for the custody of property carries up to seven years and a fine.[1] The second limb catches warehouses, shops, godowns and offices used to store property, so commercial stock thefts are often charged here.

Section 381: theft by a clerk or servant

Theft by a clerk or servant of property in the employer's possession carries up to seven years and a fine.[3] The property must have been in the employer's possession, not entrusted to the employee; if the employee was given control of it, the accurate charge is usually criminal breach of trust by a servant under section 408.

Section 382: theft prepared with violence

Theft committed after preparation for causing death, hurt or restraint, or fear of them, to commit the theft, escape or keep the property, carries rigorous imprisonment for up to ten years and a fine.[1] Violence need not be used; coming ready to use it, for example armed, is enough. If instant violence is used or threatened, the offence becomes robbery.

Extortion, robbery and dacoity: drawing the lines

The Penal Code does not treat theft, robbery and dacoity as interchangeable. The differences turn on three questions: was the property handed over out of fear, was instant violence or fear of it used, and how many offenders took part.

Extortion: property handed over through fear

Under section 383, extortion is intentionally putting a person in fear of injury and thereby dishonestly inducing him to deliver property or a valuable security.[1] The victim hands the property over, which distinguishes extortion from theft. Section 384 sets up to three years, or fine, or both, and later sections raise the penalty for threats of death, grievous hurt or a false accusation.[1] Threat-backed "chanda" demands on businesses are the commonest modern example.

When theft becomes robbery

Section 390 states that in all robbery there is either theft or extortion. Theft becomes robbery if, to commit it, while committing it or while carrying the property away, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or restraint.[4] Snatching a bag and pushing the owner down is robbery; picking a pocket unnoticed is theft.

When extortion becomes robbery

Extortion becomes robbery if the offender, being present and near enough to cause fear, puts the victim in fear of instant death, hurt or wrongful restraint and so induces immediate delivery.[1] A threat of harm next week is extortion; a knife at the throat is robbery.

Dacoity: five or more offenders

Under section 391, when five or more persons conjointly commit or attempt a robbery, counting those present and aiding, every one of them commits dacoity.[1] Four armed robbers commit robbery; five commit dacoity, even if only one touches the property, which is why identification and proof of presence dominate dacoity trials.

Penalties for robbery and dacoity

Robbery under section 392 carries rigorous imprisonment for up to ten years and a fine, rising to fourteen years on the highway between sunset and sunrise. An attempt under section 393 carries up to seven years, and causing hurt during a robbery under section 394 exposes every participant to life imprisonment or up to ten years.[1]

Dacoity under section 395 carries imprisonment for life, or up to ten years rigorous, and a fine. If any dacoit commits murder, section 396 exposes all of them to death or life imprisonment. Under section 397, use of a deadly weapon, grievous hurt or an attempt to kill during a robbery or dacoity means a minimum of seven years. Belonging to a gang of habitual dacoits is itself punishable under section 400 with life or up to ten years.[1]

Criminal misappropriation, criminal breach of trust and cheating

Most workplace and commercial cases are not theft in the strict sense: the employee, agent or partner received the property lawfully and then dealt with it dishonestly. Choosing between the three offence groups below is the most important decision in the complaint.

Dishonest misappropriation: section 403

Section 403 punishes dishonest misappropriation or conversion of moveable property with up to two years, or fine, or both.[1] It covers property that arrived innocently, such as goods delivered or money transferred by mistake, followed by a dishonest decision to keep it.

Criminal breach of trust: sections 405 to 409

Section 405 defines criminal breach of trust as the conduct of a person who, being in any manner entrusted with property or with dominion over it, dishonestly misappropriates or converts it, or dishonestly uses or disposes of it in violation of a direction of law or a legal contract governing the trust, or wilfully suffers another to do so.[5]

The illustrations include a warehouse-keeper who sells stored goods and an agent who uses investment money in his own business. They also show that an agent who departs from instructions in good faith, believing it benefits the principal, commits no offence; the remedy is civil.[5]

Penalties follow the capacity in which the property was held: up to three years, or fine, or both, for simple breach under section 406; seven years and a fine for a carrier or warehouse-keeper under section 407[1] and for a clerk or servant under section 408;[6] and life imprisonment or up to ten years for a public servant, banker, merchant, broker, attorney or agent under section 409.[1]

Cheating: sections 415 to 420

Cheating under section 415 means deceiving a person and thereby fraudulently or dishonestly inducing delivery of property, or inducing an act or omission that causes or is likely to cause harm.[1] Simple cheating under section 417 carries up to one year, or fine, or both; cheating that induces delivery of property or a valuable security carries up to seven years and a fine under section 420.[1] Fake invoices, ghost suppliers and false expense claims are typically section 420 cases.

Theft, breach of trust or cheating: the decisive questions

The test is how the accused came to have the property and when dishonesty arose. Taken from the employer's possession without consent: theft, aggravated under section 381. Handed over to hold, carry or apply, then diverted: criminal breach of trust, aggravated under section 408. Obtained by a lie told at the outset: cheating. Where the intention to deceive arose only after receipt, breach of trust or misappropriation usually fits better than cheating.

Courts are also alert to commercial disputes dressed up as crimes. A failure to pay for goods, return an advance or perform a contract is not, by itself, criminal breach of trust or cheating. Where the complaint discloses only a civil dispute, the accused may seek discharge or quashment by the High Court Division under section 561A of the Code of Criminal Procedure, an area our section 561A criminal quashment practice handles.

Receiving and dealing in stolen property

Theft law Bangladesh courts enforce does not stop with the thief. Section 410 defines stolen property as property whose possession has been transferred by theft, extortion or robbery, or which has been criminally misappropriated or subjected to criminal breach of trust, whether in Bangladesh or elsewhere. Property ceases to be stolen once it comes back into the possession of a person legally entitled to it.[1]

Under section 411, whoever dishonestly receives or retains stolen property, knowing or having reason to believe it to be stolen, faces up to three years, or fine, or both.[1] A buyer who pays far below market price, to an unknown seller, without documents, may be found to have had reason to believe.

Receiving property stolen in a dacoity, or from a known dacoit, carries life imprisonment or up to ten years rigorous under section 412. Habitually dealing in stolen property under section 413 carries life or up to ten years, and assisting in concealment or disposal under section 414 up to three years, or fine, or both.[1]

Businesses buying second-hand equipment, scrap or vehicles should keep proof of provenance and pay through traceable channels. Victims should look downstream: recovery from a receiver is often the strongest evidence against the original thief.

Cognizability, bail and the court that tries the case

Cognizable offences and police powers

Theft, robbery and dacoity are treated as cognizable: the police may arrest without a warrant and must record an FIR. Cheating is commonly described as non-cognizable.[7] [8] The exact classification of each section, including the trial court, is fixed by the Second Schedule to the Code of Criminal Procedure, and aggravated forms are often classified differently from simple ones, so check the entry for the precise section charged.

Bailable and non-bailable offences

For a bailable offence, section 496 of the Code of Criminal Procedure gives the accused a right to be released on bail if prepared to give it. For a non-bailable offence, section 497 makes bail a matter of discretion, but provides that the accused shall not be released if there appear reasonable grounds for believing that he is guilty of an offence punishable with death or imprisonment for life. The court may nonetheless direct release of a person under sixteen, a woman, or a sick or infirm person.[8]

That restriction bites on dacoity, robbery with hurt, criminal breach of trust by a public servant or banker under section 409 and habitual dealing in stolen property, all of which carry life imprisonment. For theft under sections 379 to 381 and breach of trust under sections 406 and 408, bail is far more readily granted, especially where the property is recovered. Our guides to anticipatory bail and High Court bail explain the routes when a lower court refuses.

Summary trial after the 2026 Act

Section 260 of the Code of Criminal Procedure allows empowered magistrates to try listed offences summarily, including theft under sections 379 to 381, misappropriation under section 403 and stolen-property offences under sections 411 and 414, subject to a value limit.[11] Section 16 of the Code of Criminal Procedure (Amendment) Act 2026, Act No. 11 of 2026 dated 10 April 2026, raised that limit from ten thousand taka to five lakh taka, with effect recorded from 10 August 2025.[11] [12]

Reporting a theft: FIR, GD or complaint petition

Because theft is cognizable, the right first step is usually an FIR at the police station with jurisdiction. Section 154 requires the officer in charge to reduce oral information to writing, read it over, have it signed and enter its substance in the prescribed book.[8] A General Diary entry records an event but does not start an investigation. The online GD system and the remedies when police refuse a case are covered in our guide to GD vs FIR in Bangladesh.

What a theft FIR should contain

The FIR should state the date, time and place; describe each item with serial or IMEI numbers, invoices or photographs; give a realistic value, since value affects sentence and summary trial; say who had possession and how the loss was found; name suspects and the basis for suspicion; and identify witnesses and CCTV. Inconsistencies between the FIR and later evidence are the commonest line of cross-examination.

Complaint cases for cheating and breach of trust

Where the facts disclose cheating or criminal breach of trust and the police decline to act, the complainant can file a complaint petition before the magistrate under section 200 of the Code of Criminal Procedure.[8] Corporate complainants need an authorised representative, a board resolution and a documentary trail of the entrustment or deception.

Recovering stolen property: sections 516A, 517, 523 and 545

For most victims, getting the property back matters more than the sentence, and theft law Bangladesh procedure is generous here. The Code of Criminal Procedure gives the criminal courts powers at three stages.

On seizure by the police

When police seize property alleged or suspected to be stolen, section 523 requires them to report it to a magistrate forthwith, who may order delivery to the person entitled or give directions for custody.[8] Owners should apply promptly with proof of ownership.

During the inquiry or trial

Section 516A allows the court to order proper custody of property produced before it until the inquiry or trial ends, and sale of property subject to speedy or natural decay.[8] Courts often release vehicles, machinery and stock to the owner on a bond to produce them when required.

At the end of the case: section 517

Under section 517, when an inquiry or trial concludes, the court may order the destruction, confiscation or delivery to the person entitled of any property produced before it, regarding which an offence appears to have been committed, or used to commit one. The power extends to property into which the original was converted or exchanged.[10] Stolen money used to buy a motorcycle can be followed into the motorcycle.

The order is not carried out for one month, or while an appeal is pending, except for livestock, perishable property or delivery on a bond to restore it if the order is changed on appeal.[10] The power arises on conclusion of the case, not only on conviction, but a genuinely disputed title may still need a civil suit.

Compensation out of the fine: section 545

Where a fine is imposed, section 545 lets the court apply it to prosecution expenses, compensation for loss caused by the offence, and compensation to a bona fide purchaser who has had to return stolen property to its owner.[8] Ask the prosecutor to raise compensation at sentencing.

Compromise under section 345 and the 2026 amendment

Many theft law Bangladesh cases end in settlement, and section 345 of the Code of Criminal Procedure controls when that is lawful. Its subsection (2) table lists offences compoundable only with the permission of the court, including theft under sections 379 to 381, misappropriation under section 403, criminal breach of trust under sections 406 to 408, offences under sections 411 and 414 concerning stolen property, and cheating under sections 417 to 420. The owner of the property, or the person cheated, may compound.[9]

What cannot be compromised

None of these property offences is compoundable without the court's permission, and several are not compoundable at all: theft prepared with violence under section 382, extortion, robbery, dacoity, breach of trust by a public servant, banker or agent under section 409, receiving dacoity property and habitual dealing in stolen property.[9] Section 345(7) bars compounding outside the section, so a private settlement in those cases cannot end the prosecution.

Procedure and effect

After the accused is sent for trial, or convicted with an appeal pending, composition needs the leave of the relevant court. Under section 345(6), composition has the effect of an acquittal.[9] Payment should therefore be made or secured before the compromise petition is filed.

New section 345(8): court-facilitated settlement

Section 19 of the Code of Criminal Procedure (Amendment) Act 2026 inserted sub-section (8). Where both parties to a compoundable case agree, the court may facilitate the compromise or refer it to the legal aid officer under the Legal Aid Act 2000, to the parties' advocates or to the parties themselves, then record a lawful agreement and make orders to implement it without prejudicing third parties.[9] [12] Victims gain a court-backed way to enforce a repayment schedule.

Employee theft: the employer's playbook

An employer facing internal theft or embezzlement is judged on two fronts at once: the criminal case and the employment decision. A rushed dismissal can produce a successful claim, while a poorly framed FIR collapses at trial.

Choosing the charge

Map the facts to the offence first. A cashier who pockets takings entrusted to him is a section 408 case. A store employee who removes stock he does not control is a section 381 or 380 case. A purchasing officer who invents a supplier is a section 420 case. A senior manager acting as agent who diverts funds may engage section 409. In theft law Bangladesh prosecutions, the classic acquittal is entrustment proved but theft charged.

The disciplinary track under the Labour Act 2006

For workers covered by the Bangladesh Labour Act 2006, section 23 permits dismissal without notice or pay in lieu of notice where the worker is convicted of a criminal offence or found guilty of misconduct under section 24. The listed forms of misconduct expressly include theft, misappropriation, fraud or dishonesty in connection with the employer's business or property. In special circumstances the employer may impose a lesser penalty, such as removal, demotion, withholding of promotion or increments, a fine, short unpaid suspension or censure.[13] Section 23 was most recently amended by the Bangladesh Labour (Amendment) Act 2026.[13]

Section 24 sets the procedure. The allegation must be in writing; the worker must receive a copy and at least seven days to respond and must be heard; guilt can be found only after an inquiry by a committee with equal employer and worker representation, finished within sixty days; and the order must be approved by the owner or manager.[14]

Suspension pending inquiry cannot exceed sixty days in total unless the matter is before a court, and subsistence allowance is payable. The penalty must reflect the worker's past record and the gravity of the misconduct.[14] Our analysis of terminating employees in Bangladesh covers the wider framework.

Running both tracks together

The criminal case and the inquiry are independent: an employer need not wait for a conviction, and an acquittal does not automatically undo a proper inquiry. But the records must match. If the FIR alleges Tk 20 lakh and the inquiry finds Tk 2 lakh, the defence will use the gap in both forums.

Never detain an employee, seize personal belongings or extract a confession under pressure; that exposes managers to wrongful confinement charges and makes the confession worthless. And settle only through section 345 where the offence is compoundable.

Preserving the evidence

Secure CCTV before it is overwritten, image computers and phones, freeze accounts, export ERP and bank records with audit trails and keep chain-of-custody notes. Digital records are admissible under the Evidence Act, but their integrity will be challenged.

Step-by-step: responding to a theft or embezzlement

The following sequence reflects how TRW approaches theft law Bangladesh matters for corporate and individual victims.

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Delay in reporting is one of the commonest defence attacks on an FIR, and delay in seeking return of seized property leaves goods idle for the life of the case.

Comparing the main property offences

The table below summarises the core distinctions in theft law Bangladesh courts apply and the maximum punishments under the Penal Code. On a phone, scroll it sideways.

The capacity in which the accused held the property can more than double the maximum sentence, and the life-imprisonment offences are exactly those where bail is hardest and compromise unavailable.

Defending a theft accusation

Theft allegations are a common weapon in family, partnership, tenancy and employment disputes. Defences usually turn on a bona fide claim of right, consent, the complainant's lack of possession, a civil dispute recast as a crime, weak identification or a gap between the FIR and the evidence. In theft law Bangladesh defence work, the employer's own records of authorisations and stock movements often supply the answer.

The first priority is liberty: a prompt bail application with proof of address and character, or anticipatory bail from the High Court Division in appropriate cases. Where the accusation is malicious, consider discharge, quashment and remedies against the complainant, explained in our guide to false accusation in Bangladesh.

Common mistakes to avoid

• Filing a GD instead of an FIR: a GD records a theft but does not start an investigation, and the delay can later undermine the prosecution.
• Charging theft where the facts show entrustment: property handed to an employee or agent points to criminal breach of trust, not theft.
• Settling without the court: a compromise only ends the case if made under section 345, and payment should come before the acquittal is recorded.
• Waiting until judgment to seek the property back: apply under section 523 or 516A as soon as goods are seized.
• Skipping the Labour Act procedure: dismissing a worker for theft without the section 24 notice, hearing and inquiry invites a successful claim even where the theft is real.

Theft law Bangladesh outlook for 2026

The Penal Code definitions of theft, robbery and dacoity remain as enacted; the 2026 change is procedural. The higher summary-trial limit moves many routine theft, misappropriation and stolen-property cases into a faster track, and court-facilitated compromise under section 345(8) gives victims a structured path to recovery.[11] [12] The wider 2026 reforms to arrest, remand and investigation, covered in our criminal law guide, apply equally to property cases.

For victims, the theft law Bangladesh priorities are unchanged: report promptly, classify correctly, document the property and seek its return from the first hearing. Employers should run the criminal and disciplinary tracks in step; anyone accused should secure liberty and test the classification early. To discuss a theft, embezzlement or receiving case, contact TRW.

Frequently asked questions

What is the punishment for theft in Bangladesh?

Simple theft under section 379 of the Penal Code is punishable with up to three years' imprisonment, or fine, or both. Theft in a dwelling or place used to keep property, and theft by a clerk or servant, carry up to seven years and a fine. Theft after preparation for violence carries rigorous imprisonment for up to ten years and a fine.[1] [3]

What is the difference between theft, robbery and dacoity?

Theft is the dishonest taking of moveable property without consent. It becomes robbery when the offender causes or attempts to cause death, hurt or wrongful restraint, or fear of instant harm, to commit or carry away the theft. Robbery committed by five or more persons together is dacoity.[4] [1]

Is theft a bailable offence in Bangladesh?

Bailability is fixed for each section by the Second Schedule to the Code of Criminal Procedure. Where an offence is non-bailable, section 497 makes bail discretionary, and bail is restricted where there are reasonable grounds to believe the accused committed an offence punishable with death or life imprisonment, as with dacoity.[8]

Can a theft case be compromised?

Yes, with the court's permission. Theft under sections 379, 380 and 381 may be compounded by the owner of the property with the permission of the court, and composition has the effect of an acquittal. Robbery, dacoity and theft prepared with violence cannot be compounded.[9]

What changed for theft cases in 2026?

The Code of Criminal Procedure (Amendment) Act 2026 raised the value limit for summary trial of theft, misappropriation and stolen-property cases from ten thousand taka to five lakh taka, and added section 345(8), allowing courts to facilitate and record settlements in compoundable cases.[11] [12]

Is an employee who steals charged with theft or criminal breach of trust?

It depends on how the employee held the property. Taking property from the employer's possession is theft by a servant under section 381. Diverting property entrusted to the employee is criminal breach of trust by a servant under section 408. Both carry up to seven years and a fine.[3] [6]

How do I get stolen property back in Bangladesh?

Apply to the magistrate as soon as the police seize the property, under section 523, or to the trial court for interim custody under section 516A. At the end of the case the court may order delivery to the person entitled under section 517, including property bought with the stolen proceeds.[8] [10]

Is buying stolen goods a crime if I did not know they were stolen?

Section 411 punishes dishonestly receiving or retaining stolen property where the person knows or has reason to believe it is stolen. A genuinely innocent buyer commits no offence and may receive compensation out of the fine under section 545 if the property is returned to its owner.[1] [8]

Can an employer dismiss a worker for theft before the criminal case ends?

Yes, if misconduct is proved through the procedure in section 24 of the Labour Act 2006: a written charge, at least seven days to reply, a hearing and an inquiry completed within sixty days. Theft, fraud and dishonesty concerning the employer's property are listed misconduct.[13] [14]

Should I file a GD or an FIR after a theft?

An FIR. Theft is a cognizable offence, so the police should record an FIR under section 154 and investigate. A GD records an event but does not start an investigation, and is better suited to lost items or minor incidents.[7] [8]