Section 380 IPC: Theft in Dwelling House - Punishment and Section 305 BNS

Section 380 of the Indian Penal Code, 1860 prescribed punishment for theft committed in a dwelling house or a place used to keep property. Since 1 July 2024, the corresponding provision for new offences is Section 305 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What did Section 380 IPC provide?

The text of Section 380 of the Indian Penal Code, 1860, titled “Theft in dwelling house, etc.”, was:

“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.”

This provision dealt with theft in a protected location. It required proof of theft and proof that the place was a building, tent or vessel used as a human dwelling or for the custody of property.

Essential ingredients of theft in a dwelling house

1. Theft: Movable property must be moved dishonestly out of another person's possession without that person's consent. The historical definition was in Section 378 IPC; the current definition appears in Section 303(1) BNS.
2. Qualifying location: The theft must occur in a building, tent or vessel used as a human dwelling or for the custody of property under the former Section 380 IPC.
3. Dishonest intention: The prosecution must establish the required dishonest intention, not merely an accidental removal or an innocent misunderstanding.
4. Movement of property: Moving the property for the purpose of dishonest taking is material; carrying it outside the premises is not invariably necessary to complete theft.

Section 305 BNS: Corresponding provision from 1 July 2024

Section 305 of the Bharatiya Nyaya Sanhita, 2023 deals with theft in a dwelling house, means of transportation or place of worship, etc. It extends beyond the locations expressly listed in the former Section 380 IPC. In addition to theft in a building, tent or vessel used as a human dwelling or for custody of property, Section 305 covers specified theft involving a means of transport used for carrying passengers or goods, articles or goods from such means of transport, articles or goods from a place of worship, and property of the Government or a local authority.

The punishment under Section 305 BNS is imprisonment of either description for a term which may extend to seven years, and liability to fine.

Examples of when the provision may apply

• Residential theft: A person dishonestly removes jewellery from another person's occupied home without consent.
• Warehouse theft: A person dishonestly removes stored goods from a building used for custody of property.
• Transport theft: Theft of goods from a qualifying means of transportation may fall under Section 305 BNS, depending on the facts.
• Place of worship: Theft of qualifying articles or goods from a place of worship may attract Section 305 BNS.

These are illustrations only. The applicable charge depends on the date of the act, the nature of the property and place, and the evidence of dishonest intention and lack of consent.

Is the offence cognizable and bailable?

Theft under the former Section 380 IPC was generally treated as a cognizable and non-bailable offence. The corresponding Section 305 BNS is also classified as cognizable and non-bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and is triable by a Magistrate of the First Class. Non-bailable does not mean bail is legally impossible; it means release is governed by the applicable discretionary bail provisions and judicial assessment.

For current procedure, consult the BNSS and the relevant rules, including provisions on information to police, investigation, arrest and bail. See the site's guides on registration of FIR and remedies when police do not register an FIR.

Difference between ordinary theft and theft in a dwelling house

Ordinary theft is defined in Section 303(1) BNS, with general punishment in Section 303(2). Section 305 BNS addresses theft in particular locations and other specified circumstances. Where the requirements of Section 305 are met, the more specific provision may be relevant. The facts and statutory ingredients, rather than the title of the complaint alone, determine the appropriate charge.

Frequently asked questions

What is the punishment under Section 380 IPC?

Under the former IPC provision, imprisonment of either description up to seven years and liability to fine.

Which BNS section corresponds to Section 380 IPC?

Section 305 BNS is the corresponding provision, with an expanded list of protected locations and categories of theft.

Is theft from a house always covered by Section 305 BNS?

Not automatically. The prosecution must prove theft and that the circumstances satisfy the statutory description. The evidence and the specific use of the premises matter.

Can Section 380 IPC still be cited?

Yes, for matters involving conduct before 1 July 2024, subject to repeal-and-savings provisions and applicable law. It should not be presented as the ordinary current charging provision for conduct after that date.

Official legal references

• India Code - official repository of Central legislation (search for the Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023).
• Ministry of Home Affairs - notifications and materials on the three new criminal laws.
• e-Gazette of India - enacted Acts and commencement notifications.

This article is general legal information, not advice on a particular FIR, charge sheet or bail application. Check the latest official statutory text and notifications for the facts and date of the alleged offence.