Section 380 IPC: Theft in a Dwelling House - Punishment and BNS Section 305
Section 380 of the Indian Penal Code, 1860 dealt with theft committed in a building, tent or vessel used as a human dwelling or for the custody of property. For offences committed from 1 July 2024, the corresponding provision is Section 305 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which covers additional categories of theft.
Section 380 IPC - Statutory provision
380. Theft in dwelling house, etc. - Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
The expression human dwelling refers to a building, tent or vessel used for residential occupation. The provision also covers premises or structures used for the custody of property, even where they are not ordinarily used as residences.
Essential ingredients of the offence
- Theft: The accused must dishonestly move movable property out of another person's possession without consent. The historical definition is in Section 378 IPC; the present definition is in Section 303(1) BNS.
- Protected location: The theft must occur in a building, tent or vessel used as a human dwelling or for the custody of property.
- Dishonest intention: The prosecution must establish the necessary dishonest intention at the time of the taking.
The mere presence of an accused in a house does not, by itself, establish theft. The prosecution must prove the constituent elements of the offence from the evidence.
Section 305 BNS - Current law from 1 July 2024
Section 305 of the Bharatiya Nyaya Sanhita, 2023 is titled "Theft in a dwelling house, or means of transportation or place of worship, etc." It covers theft in the following circumstances:
- In a building, tent or vessel used as a human dwelling or for the custody of property;
- Of a means of transport used for transporting goods or passengers;
- Of articles or goods from a means of transport used for transporting goods or passengers;
- Of an idol or icon in a place of worship; or
- Of property belonging to the Government or a local authority.
Punishment: Imprisonment of either description for a term extending to seven years, and liability to a fine. The provision broadens the specified circumstances beyond the former Section 380 IPC.
IPC Section 380 and BNS Section 305 - Key points
| Issue | Section 380 IPC | Section 305 BNS |
|---|---|---|
| Application | Offences under the former IPC regime | Offences committed on or after 1 July 2024 |
| Location or property | Dwelling or premises used for custody of property | Those locations plus specified transport, worship-place and public-property thefts |
| Maximum imprisonment | Seven years | Seven years |
| Fine | Also liable to fine | Also liable to fine |
Cognizability, bail and trial
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence under Section 305 BNS is classified as cognizable and non-bailable, and is triable by any Magistrate. Non-bailable does not mean bail is prohibited; bail is determined by the competent court under applicable law.
For reporting a suspected offence, see how to register an FIR and the guide on remedies when police do not register a complaint.
Related legal provisions
- Section 303 BNS: Definition of theft and punishment for ordinary theft, corresponding broadly to Sections 378 and 379 IPC.
- Section 304 BNS: Snatching, separately defined under the new law.
- Section 306 BNS: Theft by a clerk or servant of property in the possession of the employer.
- Section 358 BNS: Repeal and savings, relevant when assessing proceedings involving acts committed before commencement of the BNS.
Frequently asked questions
What is the punishment under Section 380 IPC?
Imprisonment of either description for up to seven years and a fine. The corresponding BNS provision, Section 305, provides the same maximum term and a fine.
What is the new BNS section for IPC Section 380?
Section 305 BNS, which also expressly covers theft involving certain means of transportation, places of worship, and government or local-authority property.
Is theft in a dwelling house bailable?
Section 305 BNS is classified as non-bailable under the BNSS First Schedule. A court may nevertheless grant bail where legally justified.
Does Section 380 IPC still apply?
It remains relevant to conduct occurring before 1 July 2024, subject to the applicable legal transition and savings provisions. For subsequent offences, the BNS applies.
Official statutory references
- Bharatiya Nyaya Sanhita, 2023 - India Code official PDF (Sections 303, 305 and 358).
- India Code - Government of India statutory database (consult the current text of IPC and BNSS).
- National Crime Records Bureau - BNS sections.
This article provides general legal information. Application to a particular case depends on the date of the alleged offence, facts, evidence and relevant procedural law.