IPC Section 380 = BNS Section 305

Theft in Dwelling House

निवास-गृह में चोरी

Offences Against Property No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 380 of the IPC dealt with theft in a dwelling house or building used for custody of property. Under BNS 2023, this is now Section 305.

Hindi IPC की धारा 380 निवास-गृह में चोरी से संबंधित थी। BNS 2023 के तहत यह अब धारा 305 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 380 Section 305
Title Theft in Dwelling House Theft in Dwelling House
Punishment Imprisonment up to 7 years and fine Imprisonment up to 7 years and fine
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Magistrate of the First Class

Key Changes

  • Section number changed from IPC 380 to BNS 305
  • Punishment remains the same
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The accused committed theft
  2. 2 The theft was committed in a dwelling house, building, tent, or vessel
  3. 3 The place was used for human dwelling or for custody of property

Frequently Asked Questions

What is the BNS equivalent of IPC Section 380?

IPC Section 380 (Theft in Dwelling House) is now BNS Section 305 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 380 to BNS 305?

No, the punishment remains substantially the same. Under BNS 305: Imprisonment up to 7 years and fine.

Is BNS Section 305 cognizable?

Yes, BNS Section 305 is a cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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