Section 305 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 305 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, from Chapter XVII – Offences Against Property:
🏠 Section 305 – Theft in a Dwelling, Transport, Place of Worship, or Government Property
📜 Statutory Text (Paraphrased)
“Whoever commits theft—
in any building, tent, or vessel used as a human dwelling or used for custody of property;
of any means of transport used for carrying goods or passengers;
of any article or goods from such means of transport;
of an idol or icon in any place of worship;
or of any property belonging to the Government or a local authority;
shall be punished with imprisonment (simple or rigorous) up to seven years, and shall also be liable to fine.”
🔍 Key Features
Scope of Theft: Covers theft in:
Residential premises (houses, tents, vessels used as homes)
Any transport vehicle (cars, trucks, trains, etc.)
Items stolen from such vehicles
Places of worship (stealing idols/icons)
Government or municipal property
Penalty:
Maximum 7 years’ imprisonment (either simple or rigorous)
Plus fine
Legal Classification:
Cognizable (police can arrest without warrant),
Non-bailable,
Triable by any Magistrate
⚖️ Comparison with IPC
This mirrors IPC’s “housebreaking” or “theft in dwelling” offences but condenses various related thefts into a single robust penal provision.
BNS §305 enhances protection for sacred and government properties by raising the maximum sentence to 7 years, reflecting its seriousness.
💡 Illustrations
Home burglary: Breaking into a house and stealing valuables → punishable under §305.
Vehicle theft: Stealing a delivery van or robbing from inside an auto → liable under §305.
Temple theft: Stealing idols from a shrine → attracts same penalty.
Govt. theft: Removing office equipment or municipal assets → punishable.
✅ Summary Table
| Offence Context | Penalty under §305 BNS |
|---|---|
| Residential, transport, worship places, government property | Up to 7 years imprisonment + fine, cognizable & non-bailable |
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