Theft in a dwelling house

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

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This provision is now BNS Section 305 (Theft in a dwelling house) under the Bharatiya Nyaya Sanhita, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 380 punishes an aggravated form of theft where the property is stolen from a building, tent, or vessel used as a human dwelling, or used for the custody of property (such as a warehouse or shop). The rationale is that theft from a place where people live, or where property is specifically kept safe, is a greater breach of security and trust than an ordinary theft from a public place.

Because of this added seriousness, the offence is non-bailable and non-compoundable, unlike ordinary theft under Section 379 — the parties cannot simply settle the matter privately once a case has been registered. It commonly applies to residential burglaries, whether or not the occupants were present at the time of the theft.

The Bharatiya Nyaya Sanhita carries this offence forward under Section 305 with the same punishment.

Punishment Imprisonment up to 7 years, and fine

Triable By Magistrate of the First Class

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is IPC Section 380 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.

How is this different from ordinary theft under Section 379?

The core act — dishonestly taking property without consent — is the same, but this section applies specifically when the theft happens inside a dwelling house, tent, vessel, or a place used to store property, which is why the punishment and bail treatment are considerably stricter.

Does it matter whether the house was occupied at the time of the theft?

No — the section applies regardless of whether anyone was present inside at the time, since the focus is on the nature of the place (a dwelling or place of custody), not whether it was occupied that moment.

What kinds of places count as a "dwelling house" here?

Courts read this broadly to include any structure regularly used as a residence — houses, flats, tents, and even vessels lived in — as well as buildings used to store property, such as godowns or shops.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.