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IPC · Chapter XVII · Of offences against property

IPC section 380 in the BNS

IPC 380BNS 305

IPC section 380, “Theft in dwelling house, etc”, is now BNS section 305 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 380 to BNS 305

Now BNS section 305, which widens the offence. Besides theft in a building, tent or vessel used as a dwelling or for keeping property, it covers theft of a vehicle used to carry goods or passengers, theft of goods from such a vehicle, theft of an idol or icon from a place of worship, and theft of Government or local authority property. Same punishment: up to seven years and fine.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 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.

Bharatiya Nyaya Sanhita, 2023

Section 305 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; 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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