Bharatiya Nyaya Sanhita, 2023
BNS Section 305
Theft in a dwelling house, or means of transportation or place of worship, etc
In one line
BNS Section 305 deals with theft in a dwelling house, or means of transportation or place of worship, etc and replaces IPC 380.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 305 | Theft in a dwelling house, or means of transportation or place of worship, etc. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 305
305. Theft in a dwelling house, or means of transportation or place of worship, etc.
Whoever commits theft— (a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or (b) of any means of transport used for the transport of goods or passengers; or (c) of any article or goods from any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Government or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What changed from the IPC
- IPC 380 → BNS 305: The definition enlarged "means of transportation or place of worship,' is added in the heading is reframed containing various sub-sections wherein sub-sections (b), (c), (d), (e) are new additions.
Frequently asked
What was BNS Section 305 in the IPC?
BNS Section 305 (Theft in a dwelling house, or means of transportation or place of worship, etc) replaces Section 380 of the Indian Penal Code, 1860. IPC 380 is now BNS 305.
What is the punishment under BNS 305?
Theft in a dwelling house, or means of transportation or place of worship, etc – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
Is BNS 305 bailable?
Non-bailable: BNS 305. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 300 — Disturbing religious assembly
- BNS 301 — Trespassing on burial places, etc
- BNS 302 — Uttering words, etc., with deliberate intent to wound religious feelings of any person
- BNS 303 — Theft
- BNS 304 — Snatching
- BNS 306 — Theft by clerk or servant of property in possession of master
- BNS 307 — Theft after preparation made for causing death, hurt or restraint in order to committing of theft
- BNS 308 — Extortion
- BNS 309 — Robbery
- BNS 310 — Dacoity