IPC Section 380
Section 380 IPC – Theft in Dwelling House, etc.
Core idea:
Section 380 punishes a person who commits theft in someone’s dwelling house, building used for dwelling, or related property.
In simpler terms, it’s about stealing from a home or residential property—whether by breaking in, sneaking, or otherwise.
🔹 The Law (in essence)
Whoever commits theft in:
Any dwelling house, or
Any building, tent, or vessel used as a human dwelling, or
Any part of the above,
shall be punished under Section 380 IPC.
🔹 Punishment
Imprisonment: Up to 7 years, and
Fine, or
Both, depending on the gravity of the theft.
The maximum punishment is higher than ordinary theft because it involves home intrusion, which is considered more serious.
🔹 Key Elements
To prove an offence under Section 380 IPC, the prosecution must establish:
Theft:
The accused dishonestly took someone else’s property.
Location:
The theft occurred in a dwelling house or property used for habitation (house, building, tent, vessel, etc.).
Mens rea (intention):
The act must be intentional and dishonest.
Note: Entry by force is not strictly required. Even theft without breaking in qualifies if it occurs in a dwelling.
🔹 Examples
A breaks into B’s house at night and steals a TV and cash. → Guilty under Section 380.
C sneaks into a tent used as living quarters and steals jewelry. → Guilty.
D takes a laptop from an office building used as a shop, not a dwelling. → Not Section 380; ordinary theft under Section 378 IPC.
🔹 Related Sections
Section 378 IPC: Definition of theft.
Section 379 IPC: Punishment for general theft.
Section 381 IPC: Theft of property in possession of a clerk or servant.
Section 457 IPC: Lurking house-trespass or house-breaking at night.
Section 459 IPC: House-trespass in order to commit an offence (often read with 380 IPC).
Common combination: Section 459 + 380 IPC → entering a house with intent to steal and committing theft.
🔹 Quick Recap
Section 380 IPC = Theft in a dwelling house or property used for habitation.
Key elements: Theft + location (dwelling) + dishonest intention.
Punishment: Up to 7 years imprisonment + fine.
Purpose: Protect homes and residential property from theft.
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