IPC Section 380: Theft in dwelling house, etc

Indian Penal Code, 1860 · Chapter 17: Offences Against Property

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable-Triable by any Magistrate-Non-compoundable.

STATE AMENDMENT

Tamil Nadu

Section 380 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-

"(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than two years."

[Vide Tamil Nadu Act 28 of 1993, sec. 2 (w.e.f. 13-7-1993)].Section 381. Theft by clerk or servant of property in possession of master

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable-Triable by any Magistrate-Compounded by the owner of the property stolen with the permission of the court.

Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.

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