BNS Section 305: Theft In A Dwelling House, Or Means Of Transportation Or Place Of Worship, Etc

Definition of BNS Section 305

Whoever commits theft—

(a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or

(b) of any means of transport used for the transport of goods or passengers; or

(c) of any article or goods from any means of transport used for the transport of goods or passengers; or

(d) of idol or icon in any place of worship; or

(e) of any property of the Government or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation and Illustration of Section 305

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of theft in specific places. Let us break down the section to get a better understanding of it.

• Offence

  While theft, in general, falls under Section 303, this section provides for certain kinds of thefts that are considered slightly more serious.

  • 1. Theft in any building, tent or vessel used as a human dwelling or used for the custody of property; or
  • 2. Theft of means of transport used for the transport of goods or passengers; or
  • 3. Theft of any article or goods from any means of transport used for the transport of goods or passengers; or
  • 4. Theft of an idol or icon in any place of worship; or
  • 5. Theft of any property of the Government or of a local authority

• While the items on this list may seem unrelated, they are related in the sense that they are not really accessible to any unauthorised persons. Residential properties and office buildings are meant for the owners and tenants. Vehicles and items therein are for the access of the owner. Idols or icons in religious places may be for public viewing but are restricted in terms of physical access. And government property, unlike public utilities, is meant for the use of the government and its employees.
  
  So any theft involving the items or places listed above not only dispossesses the owner of their items but also violates personal property laws due to the trespassing involved in the theft. And so, these offences are considered slightly more serious than just ordinary theft.

• Punishment

  Any person found guilty of theft in any place or of any item as described in this section shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
  
  The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

• Illustration

  X finds the window of a house open. He goes in through the window and steals a wallet and mobile phone lying on the counter. X is an offender under the provisions of section 305.

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