Section 305 BNS: Theft in a dwelling house, or means of transportation or place of worship, etc

Bharatiya Nyaya Sanhita, 2023

Section 305 BNS at a Glance

Section 305 BNS deals with theft in a dwelling house, or means of transportation or place of worship, etc. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 380 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to seven years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 380 →

Section 305 BNS Bare Act Text

305. Theft in dwelling house, 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.

Source: Section 305, Bharatiya Nyaya Sanhita, 2023

Section 305 BNS in Simple Words

Section 305 of the Bharatiya Nyaya Sanhita (BNS) deals with theft committed in specific protected places or involving specific categories of property. It applies to theft in any building, tent, or vessel used as a human dwelling or used for the custody of property, theft of any means of transport used for transporting goods or passengers, theft of any article or goods from such a means of transport, theft of an idol or icon in any place of worship, and theft of any property of the Government or of a local authority.

The law treats these offences more seriously than ordinary theft because they affect the security of homes, storage places, transport networks, places of worship, and public property. An offender convicted under Section 305 BNS is punishable with imprisonment of either description for a term which may extend to seven years, and is also liable to fine.

Ingredients of Section 305 BNS

  • Commission of theft in any building, tent, or vessel used as a human dwelling or for the custody of property
  • 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
  • Or theft of an idol or icon in any place of worship, or of any property of the Government or of a local authority
  • Punishment of imprisonment of either description extending up to seven years and liability to fine

Punishment Under Section 305 BNS

Imprisonment

Imprisonment of either description for a term which may extend to seven years

Fine

Liable to fine

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 305 BNS punishes theft in a dwelling house, tent, or vessel, or involving a means of transport, an idol or icon in a place of worship, or Government or local authority property, with imprisonment of either description for up to seven years, and liability to fine. The offence is cognizable, non-bailable, triable by any Magistrate, and not compoundable.

Example of Section 305 BNS

In a residential colony in Bhopal, Prakash entered the locked ground floor apartment of a neighbour, Anand, while the family was attending a wedding. Inside the bedroom, Prakash broke open a steel almirah and removed gold ornaments and currency notes kept inside. Because the theft took place inside a building used as a human dwelling, the conduct falls under the aggravated provisions of Section 305 BNS rather than simple theft. Prakash is liable to be punished with imprisonment of either description extending up to seven years, and is also liable to fine.

When Section 305 BNS Does Not Apply

  • The theft did not occur in a building, tent, or vessel used as a human dwelling or for custody of property, and did not involve a means of transport for goods or passengers, goods from such transport, an idol or icon in a place of worship, or Government or local authority property, falling under Section 303(2) BNS instead
  • Where the charge is under clause (a), the structure where the theft occurred was neither used as a human dwelling nor for the custody of property
  • The person in possession consented to the removal of the property

Section 305 BNS in the IPC (Previous Law)

Section 305 BNS replaces Section 380 IPC from the old criminal code.

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.

View IPC Section 380 →

FAQs on Section 305 BNS

What does Section 305 BNS cover in theft cases?▼

Section 305 BNS covers theft in certain protected places and situations. It applies to theft in a building, tent or vessel used as a human dwelling or for custody of property, theft of or from a means of transport used for goods or passengers, theft of an idol or icon from a place of worship, and theft of Government or local authority property.

What has to be proved for a case under Section 305 BNS?▼

It must be shown that theft was committed, and that the theft falls in one of the specific places or categories listed in Section 305 BNS. For example, the property must have been stolen from a dwelling, from or of a transport vehicle, from a place of worship, or it must be Government or local authority property.

Is Section 305 BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment under Section 305 of the Bharatiya Nyaya Sanhita?▼

The punishment under Section 305 BNS is imprisonment of either description for a term which may extend to seven years, and liability to fine. The exact sentence in a particular case depends on the facts before the court.

How is Section 305 BNS different from ordinary theft?▼

Section 305 BNS deals with theft committed in specially listed places or involving specially listed property. The difference is not just that property was stolen, but that the theft happened in a dwelling or storage place, involved a means of transport or goods from it, involved an idol or icon in a place of worship, or involved Government or local authority property.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·