Theft in a dwelling house, or means of transportation or place of worship, etc
Section 305 of the Bharatiya Nyaya Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 305, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 380 Theft in dwelling house, etc Close, with changes 83%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Saspalsing Alias Papa Tarasinh Kalani vs Government of Gujarat
Court's Decision & Legal Precedent
In cases involving serious offences where the chargesheet has been filed and investigation is substantially complete, regular bail may be granted to an accused even with a history of similar cases, provided: (1) the evidence directly implicating the accused is weak or circumstantial; (2) the accused has no prior convictions; (3) the accused has residential ties to the jurisdiction and is unlikely to abscond; (4) stringent bail conditions are imposed to ensure attendance and prevent interference with justice; and (5) the principles of balancing liberty against public safety as enunciated in Sanjay Chandra v. CBI are applied.
On this section: Substantive criminal law provisions under which the accused is charged - relating to theft and criminal intimidation
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ROHIT vs State of Punjab
Court's Decision & Legal Precedent
When an accused is charged with a serious offense but the prosecution evidence is weak (particularly lacking eyewitness identification at the spot), the allegations are yet to be proved, the challan has not been presented, and trial will take considerable time, bail should be granted applying the principle that bail is a rule and jail is an exception, as continued custody serves no useful purpose and places an unnecessary burden on the state exchequer.
On this section: Offense related to theft; the accused is charged under this section for the alleged theft of gold ornaments, silver anklets, and cash
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 305
What have the courts held on Section 305 of the Bharatiya Nyaya Sanhita?
Saspalsing Alias Papa Tarasinh Kalani vs Government of Gujarat (21 Dec 2024) is the leading judgment on this section among those set out below: Substantive criminal law provisions under which the accused is charged - relating to theft and criminal intimidation. Another 1 judgment on this section is set out below. They run from 2024 to 2026.
Is Section 305 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 305 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 305 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 305, section 305 BNS, section 305 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 305(a) and bns 305 punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Saspalsing Alias Papa Tarasinh Kalani vs Government of Gujarat (21 Dec 2024).
What should I read with Section 305 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 380 (Theft in dwelling house, etc), so the judgments decided under that provision are the case law on this one.
When did Section 305 of the Bharatiya Nyaya Sanhita come into force?
Section 305 of the Bharatiya Nyaya Sanhita, cited as BNS 305, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.