BNS Section 305: Theft in a dwelling house etc. (2026)
What Section 305 of the Bharatiya Nyaya Sanhita (BNS) covers, aggravated theft from a dwelling, a means of transport, a place of worship or of Government property, how it maps to the old Section 380 of the IPC, the punishment, and its classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 305 of the Bharatiya Nyaya Sanhita (BNS) punishes aggravated theft, such as theft from a dwelling house, a means of transport, a place of worship, or of Government property. The BNS is the new criminal code in force since 1 July 2024, and Section 305 replaced Section 380 of the Indian Penal Code (IPC). The punishment is imprisonment up to seven years, and a fine. If you still look up "Section 380 IPC", this is the provision you now need, and it covers more ground than before. This explainer sets out what Section 305 covers, how it maps to the old law, the punishment, and what changed. Last verified October 2026.
- New section: aggravated theft from a dwelling, transport, place of worship or of Government property is Section 305 of the BNS, in force since 1 July 2024.
- Old section: it replaced and widened Section 380 of the IPC.
- Punishment: imprisonment up to seven years, and a fine. Cognizable, non-bailable, triable by any Magistrate.
- Base theft: plain theft is defined in Section 303 of the BNS; Section 305 is the aggravated form.
01Why the section number matters now
Since 1 July 2024, the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). Theft offences, which ran through Sections 378 to 382 of the IPC, are renumbered in the BNS. Aggravated theft from a dwelling, earlier Section 380 of the IPC, is now Section 305 of the BNS.
An FIR for a theft committed on or after 1 July 2024 cites the BNS, so it will show Section 305, not Section 380. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. For a while you will see both numbers in live matters, so read each one against the correct code.
02What Section 305 covers
Section 305 of the BNS is an aggravated form of theft. The base offence of theft is defined in Section 303 of the BNS. Section 305 applies a higher punishment when the theft is committed in or from certain protected places or things:
- in any building, tent or vessel used as a human dwelling or for the custody of property;
- of any means of transport used for carrying goods or passengers;
- of any article or goods from such a means of transport;
- of an idol or icon in a place of worship;
- of any property belonging to the Government or a local authority.
Why this theft is treated as worse
Theft from a home, a vehicle in transit, a temple or Government property is treated as more serious because it breaches a space or trust that people rely on. That is why Section 305 carries up to seven years, against the lighter base theft punishment in Section 303.
03Key ingredients
The prosecution must first prove theft as defined in Section 303 of the BNS: dishonestly taking movable property out of the possession of another, without consent, with intent to move it. Then it must prove the aggravating circumstance, that the theft fell into one of the categories listed in Section 305.
So two layers are needed: the ordinary ingredients of theft, and the special place or thing that lifts the offence into Section 305. If only ordinary theft is proved, the case falls under Section 303, not Section 305. Theft by a clerk or servant is a separate aggravated form under Section 306 of the BNS, and theft after preparation to cause death or hurt is covered by Section 307 of the BNS.
04Old to new: IPC 380 to BNS 305
Section 380 of the IPC, theft in a dwelling house, is now Section 305 of the BNS. The BNS keeps the dwelling-house category and adds new ones, such as theft of a means of transport, theft of an idol or icon from a place of worship, and theft of Government property.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Definition of theft | Section 378 | Section 303(1) |
| Theft in a dwelling house | Section 380 | Section 305 |
| Theft by clerk or servant | Section 381 | Section 306 |
| Theft after preparation for death or hurt | Section 382 | Section 307 |
The dwelling-house heart of the old Section 380 is preserved, so case law under that section still helps. The added categories are the real change.
05Punishment and classification
The punishment under Section 305 is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to a fine.
On classification, the offence under Section 305 is:
- Cognizable: the police can register an FIR and investigate without prior approval of a court.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by any Magistrate.
A seven-year ceiling
The seven-year maximum is higher than ordinary theft because of the protected place or thing involved. The actual sentence depends on the facts, the value stolen, and the role of the accused.
06What changed from the old law
The dwelling-house offence is carried over from Section 380 of the IPC, with the same seven-year ceiling, so older precedents still guide how Section 305 is read. The substantive change is the wider list of protected categories, which now expressly includes theft from a means of transport, theft of an idol or icon from a place of worship, and theft of Government or local authority property.
This widening means some thefts that were earlier charged as plain theft may now attract the aggravated Section 305. For the related clerk-or-servant theft, see Section 306 of the BNS.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Theft is charged and tried across the country every day, and the sentence often depends on how a particular bench has read the aggravating category in Section 305 or the old Section 380 line of cases. Claw lets you run that search by section, party or advocate over 9,102 courts, benches and forums, with a record of 30 crore+ judgments, Supreme Court coverage from 1950 and High Courts from 1990, and results in under 5 seconds.
Claw keeps your work confidential and does not use customer documents to train its AI models. Open a free Claw account to compare how Magistrates and High Courts have sentenced aggravated theft, or to track a live matter by party or advocate name. To search further across Indian law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 305, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 380 IPC in the BNS?
Theft in a dwelling house, earlier Section 380 of the IPC, is now Section 305 of the Bharatiya Nyaya Sanhita, 2023. The BNS keeps the dwelling-house category and adds theft from a means of transport, theft of an idol or icon from a place of worship, and theft of Government property.
What is the punishment under BNS Section 305?
Imprisonment of either description up to seven years, and a fine. The offence is cognizable, non-bailable, and triable by any Magistrate.
How is Section 305 different from ordinary theft?
Ordinary theft is defined and punished under Section 303 of the BNS. Section 305 applies a higher punishment when the theft is from a protected place or thing, such as a dwelling, a vehicle, a place of worship, or Government property.
Does Section 305 cover theft from a vehicle?
Yes. Section 305 expressly covers theft of a means of transport used for goods or passengers, and theft of articles or goods from such a means of transport. This is wider than the old Section 380.
Does old case law on IPC Section 380 still apply?
In large part for the dwelling-house category, yes. Because that category and its seven-year ceiling are carried over, judgments on Section 380 of the IPC still guide how Section 305 of the BNS is read.
Can I track a theft case under BNS Section 305 in Claw?
Yes. Search by section, party or advocate and Claw returns the matching cases, orders and hearings from 9,102 courts, benches and forums in under 5 seconds. It researches and tracks the case but does not give legal advice.