● Modified in BNS
Theft from a dwelling, tent or vessel used as a home or for storing property carries up to 7 years' imprisonment and fine under BNS Section 305, unchanged from IPC 380 -- but the BNS widens the offence to also cover theft from vehicles, of idols from places of worship, and of government or local-authority property.
Section 380 IPC punished theft committed in any building, tent or vessel used as a human dwelling, or used for the custody of property, with imprisonment of either description up to 7 years, and fine.
BNS Section 305 reproduces the dwelling/custody-of-property limb verbatim as clause (a), and adds four genuinely new categories: theft of a means of transport used for carrying goods or passengers; theft of any article or goods from such a means of transport; theft of an idol or icon from a place of worship; and theft of property belonging to the Government or a local authority.
Punishment unchanged. The offence's scope is materially widened to cover theft from vehicles, idol theft from places of worship, and theft of government/local-authority property -- none of which fell within the old "dwelling house" wording.
Imprisonment of either description up to 7 years, and fine..
IPC 380 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 380 are tried before the Any Magistrate..
Common defences include a bona fide claim of right or ownership over the property, absence of dishonest intention, and the property not falling within any of the section's protected categories (dwelling, transport, place of worship, or government property).
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons