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Section 305: Theft in Dwelling House, Means of Transportation or Place of Worship

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 380 IPC
Section 304 All 358 Sections of Bharatiya Nyaya Sanhita Section 306

Legal Commentary & Landmark Judgments: Section 305

Section 305 penalises theft in any building, tent, vessel, means of transportation, or place of worship used for human dwelling or for the custody of property.

  • Theft Committed: Dishonest moving of movable property out of possession without consent.
  • Protected Enclosure: Committed inside a building, tent, vessel, vehicle/train/aircraft, or place of worship.
  • Use of Structure: The structure must be used as a human dwelling or for the custody of property.
Key Landmark Precedents:
  • State of Rajasthan v. Bhup Singh (1997) 10 SCC 675: The Supreme Court held that theft committed inside residential dwellings violates the sanctity of home and attracts aggravated punishment under penal law.
  • State of Maharashtra v. Vishwanath Dnyanoba (1979) 4 SCC 23: Affirmed that theft from secured godowns and places of worship is an aggravated property offence.
Courtroom Practice & Strategic Litigation Guidance:

Prosecution must establish that the premises were used as a human dwelling or for property custody. Recovery of stolen articles under Section 23 BSA from the accused's exclusive possession creates a statutory presumption.

Section 304 All 358 Sections of Bharatiya Nyaya Sanhita Section 306