BNS Section 305- Theft in a dwelling house, or means of transportation or place of worship, etc | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 305 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Theft in a dwelling house, or means of transportation or place of worship, etc.—Whoever commits theft—
in any building, tent or vessel used as a human dwelling or used for the custody of property;
or
of any means of transport used for the transport of goods or passengers; or
of any article or goods from any means of transport used for the transport of goods or
passengers; or
of idol or icon in any place of worship; or
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.
Procedural Details
Punishment
Imprisonment up to Seven Year(s) + Fine
Nature of Offense
Cognizable
Bail Eligibility
Non-bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Court of Session
Frequently Asked Questions about BNS Section 305
What is Section 305 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Theft in a dwelling house, or means of transportation or place of worship, etc.—Whoever commits theft—
in any building, tent or vessel used as a human dwelling or used for the custody of property;
or
of any means of transport used for the transport of goods or passengers; or
of any article or goods from any means of transport used for the transport of goods or
passengers; or
of idol or icon in any place of worship; or
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.
What is the punishment under BNS Section305 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Seven Year(s) + Fine
Is BNS Section 305 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
Is BNS Section 305 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try cases under BNS Section 305 ?
Cases pertaining to this specific BNS section are triable by the Court of Session.
Can BNS Section 305 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.