Theft in a dwelling house

Is BNS Section 305 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment up to 7 years, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Is the punishment the same as under the old IPC section?

Yes — up to seven years’ imprisonment and a fine, unchanged from IPC Section 380, along with the same non-bailable and non-compoundable treatment given the seriousness of the offence.

What counts as a "dwelling house" for this purpose?

As under the earlier provision, courts read this broadly to include any structure regularly used as a residence, along with places used to store or safeguard property, such as warehouses or shops.

Does this apply to theft from a hotel room or hostel?

Generally yes — a hotel room or hostel room occupied by a person is typically treated as a dwelling for the purposes of this section, since it is being used as a place of residence at the relevant time.