Section 380 IPC: Theft in dwelling house, etc.
Indian Penal Code, 1860
Section 380 IPC at a Glance
Section 380 IPC deals with theft in dwelling house, etc. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 305 BNS.
Imprisonment of either description for a term which may extend to seven years
Section 380 IPC Bare Act Text
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.
Source: Section 380, Indian Penal Code, 1860
State amendments — these apply only in the States named below, not to the rest of India
State of Tamil Nadu: Section 380 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter in this Part referred to as the principal Act), shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely: "(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years." [Vide Tamil Nadu Act 28 of 1993, sec. 2].Section 380 IPC in Simple Words
Section 380 of the Indian Penal Code (IPC) prescribes aggravated punishment for theft committed in a building, tent, or vessel used as a human dwelling or for the custody of property.
The offence is punishable with imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.
Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, non-bailable, triable by any Magistrate, and not compoundable.
Ingredients of Section 380 IPC
- Commission of theft as defined in Section 378 IPC
- The theft was committed inside a building, tent, or vessel
- The building, tent, or vessel was used at the relevant time as a human dwelling or for the custody of property
Punishment Under Section 380 IPC
Imprisonment of either description for a term which may extend to seven years
Liable to fine
Section 380 IPC punishes theft in a dwelling house, tent, or vessel 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 380 IPC
When Section 380 IPC Does Not Apply
- Section 380 IPC does not apply when the theft takes place in an open area such as a park, road, or unenclosed land rather than inside a building, tent, or vessel.
- Section 380 IPC does not apply when the building, tent, or vessel where the property is taken is abandoned and used neither for human habitation nor for storing property.
- Section 380 IPC does not apply when the movable item is removed with the consent of the person in possession or without dishonest intention.
Section 380 IPC in the BNS
Section 380 IPC is now covered under Section 305 BNS.
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 detailed comparison (IPC 380 vs BNS 305) →FAQs on Section 380 IPC
What conduct is punished under Section 380 IPC?▼
Section 380 IPC punishes theft committed in any building, tent, or vessel used as a human dwelling or for the custody of property.
What punishment is prescribed under Section 380 IPC?▼
The punishment is imprisonment of either description for a term extending to seven years, and the offender is also liable to fine.
Does Section 380 IPC cover a building used to store goods?▼
Yes; it covers any building, tent or vessel used as a human dwelling or used for the custody of property.
Is the fine under Section 380 IPC mandatory?▼
No; the statutory text provides that the offender shall also be liable to fine rather than prescribing a mandatory fine.
Is Section 380 IPC bailable?▼
No; Section 380 IPC is classified as non-bailable under the First Schedule to the Code of Criminal Procedure.
Is an offence under Section 380 IPC cognizable?▼
Yes; Section 380 IPC is a cognizable offence.
Which court conducts trials under Section 380 IPC?▼
Offences under Section 380 IPC are triable by any Magistrate.
Can an offence under Section 380 IPC be compounded?▼
No; Section 380 IPC is not compoundable under Section 320 CrPC.
How was Section 380 IPC expanded under Section 305 BNS?▼
Section 305 BNS widened the provision to include theft of transport, goods from transport, idols in places of worship, and government property.
Which section corresponds to Section 380 IPC in the Bharatiya Nyaya Sanhita?▼
Section 305 BNS corresponds to Section 380 IPC.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·