IPC 380 → BNS 305: Theft in House

Quick Summary: IPC 380 vs BNS 305

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 380 (Theft in House) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering theft in house as BNS 305.

What did IPC 380 cover?

IPC 380 dealt with theft in house — theft in dwelling house, etc.. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 305: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to theft in house are filed under BNS Section 305, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 305

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For theft in house, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 305 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new theft in house FIR cites BNS 305.
• Law students & citizens: With theft in house, value, the manner of taking and any force used determine which property offence applies and how serious it is.