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.
Simplified Explanation
Section 305: Theft in a Dwelling House, Means of Transportation, or Place of Worship under the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with theft committed in specific locations or involving certain types of property, such as those within dwelling places, transportation, or places of worship.
Section 305: Theft in Specific Locations
1. Locations of Theft:
This section applies to theft committed in or from:
- (a) Dwelling houses: This includes theft committed in any building, tent, or vessel used as a human dwelling or for storing property.
- (b) Means of transportation: This refers to theft committed on any vehicle or vessel used for the transportation of goods or passengers.
- (c) Goods from means of transportation: Theft of articles or goods from vehicles or vessels used for transporting goods or passengers.
- (d) Place of worship: This refers to the theft of an idol or icon from any place of worship.
- (e) Government or local authority property: This involves theft of property owned by the government or a local authority.
2. Punishment for Theft in These Locations:
Whoever commits theft in any of these situations shall be punished with:
- Imprisonment of either description for a term that may extend to seven years.
- The offender will also be liable to a fine.
Key Points:
- Theft occurring in special locations (like a dwelling house, place of worship, or government property) attracts a heavier penalty due to the sensitivity of the locations and the value of the property involved.
- The maximum term of imprisonment under this section is seven years, which is a significant penalty for theft in these contexts.
- Places of worship, public property, and means of transport are considered vulnerable and are thus protected under this section with a higher level of punishment for theft.
Conclusion:
Section 305 of the Bhartiya Nyaya Sanhita ensures stringent penalties for theft in certain sensitive places such as homes, transportation vehicles, and places of worship, reflecting the seriousness with which such offenses are viewed in the legal system. The section aims to protect both private and public property in these locations with significant punishment for violators.
