IPC 380→BNS 305

IPC 380 to BNS 305: Theft in dwelling house, etc.

Section 380 IPC (1860) replaced by Section 305 BNS (2023)

View IPC Section 380 →View BNS Section 305 →

IPC 380 to BNS 305 at a Glance

Section 380 IPC (Theft in dwelling house, etc) is now Section 305 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 380 to BNS 305?

Section 380 IPC corresponds to Section 305 BNS. The punishment of imprisonment of either description extending up to seven years and liability to fine is retained. Section 305 BNS significantly expands the scope of aggravated theft beyond human dwellings and places used for custody of property: clause a reenacts the dwelling-house provision, while new clauses penalise theft of any means of transport, theft of articles or goods from passenger or goods transport, theft of an idol or icon in a place of worship, and theft of property belonging to the Government or a local authority.

IPC 380 vs BNS 305: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section380305
OffenceTheft in dwelling house, etc.Same
PunishmentImprisonment of either description for a term which may extend to seven yearsSame
FineLiable to fineSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 380 and BNS 305: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 380, IPC 1860

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.
BNS 2023 (in force)

Section 305, BNS 2023

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.

Ingredients: IPC 380 vs BNS 305

Under IPC 380
  1. Commission of theft as defined in Section 378 IPC
  2. The theft was committed inside a building, tent, or vessel
  3. The building, tent, or vessel was used at the relevant time as a human dwelling or for the custody of property
Under BNS 305
  1. Commission of theft in any building, tent, or vessel used as a human dwelling or for the custody of property
  2. Or theft of any means of transport used for the transport of goods or passengers, or of any article or goods from such means of transport
  3. Or theft of an idol or icon in any place of worship, or of any property of the Government or of a local authority
  4. Punishment of imprisonment of either description extending up to seven years and liability to fine

What IPC 380 to BNS 305 Means for Pending Cases

For Section 380 IPC (now Section 305 BNS): under Section 305 BNS, the seven-year penalty for theft in a dwelling or place of custody also covers theft of a means of transport, of goods from a means of transport, of an idol or icon in a place of worship, and of Government or local-authority property. A charge for an act done after the BNS came into force cites the relevant clause of Section 305 BNS.

FAQs: IPC 380 to BNS 305

What changed between Section 380 IPC and Section 305 BNS?▼

Section 305 BNS retains the seven-year penalty but significantly expands the offence. In addition to dwellings and property custody places, it penalises theft of transport vehicles, cargo or articles from transport, idols in places of worship, and government or local authority property.

Where is Section 380 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 380 IPC is codified as Section 305 BNS, in Chapter XVII, Of Offences Against Property.

Does Section 380 IPC or Section 305 BNS apply to an act done before 1 July 2024?▼

Section 380 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 380 IPC. Section 305 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·