Bharatiya Nyaya Sanhita, 2023
Section 305
Theft in a dwelling house, or means of transportation or place of worship, etc
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.
Why this exists
This provision recognises that theft is more serious and violates greater trust or security when it happens in someone's home, on public or goods transport, at a sacred place, or against public property, and so it prescribes a heavier punishment than ordinary theft.
Common misconceptions
- Myth: All theft is punished the same way regardless of where it happens.
Fact: Theft in a home, on transport, at a place of worship, or of government property carries a heavier maximum punishment (up to seven years) than ordinary theft (up to three years).