Updated on March 12, 2025 10:13:56 AM
Section 305 BNS defines the offence of theft in a dwelling house, which has been replaced by Section 380 of the Indian Penal Code. The unlawful stealing of items from a home or other similar premises is the nature of this crime. If found guilty under this section, the accused may be sentenced to prison time and other consequences. Nevertheless, the assertion is still just an allegation unless refuted. The accused may request bail, provided that they promise to show up for the trial. This article presents a complete analysis of theft in dwelling houses, temples, and other premises as described in Section 305 of the BNS, including fines, penalties, and bail procedures, to highlight the legal consequences and practical outcomes.
Here, is an overview of Section 305 of BNS given below:
| Offence | Theft in a dwelling house |
|---|---|
| Section under BNS | Section 305 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for 7 years or Fine or Both |
| Triable | Any Magistrate |
ause 305 of BNS clearly defines that - “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.”
If any person is found guilty under Section 305 of BNS, the offender may be punished with imprisonment of any kind (simple or harsh) for a duration of up to seven years. In addition to imprisonment, the offender may be liable to a fine. The court determines the amount of the fine, which may vary based on the value of the stolen item and other considerations.
Note: If a person is convicted of stealing for the first time and the stolen goods are worth less than 5,000 rupees, they will be punished with community service upon returning or restoring the stolen property.
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because cheating is a bailable offence the accused has to approach on the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation infront of police during Bail procedure
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Section 303 BNS serves as a critical pillar in handling theft offences, prescribing appropriate sanctions, and establishing the bail procedure. It strikes a complex balance between protecting justice and recognizing individual circumstances. From minor thefts to more significant offences, the section ensures that consequences are appropriate for the crime.
The Section not only acts as a barrier but also facilitates fair and effective judicial processes. Section 303 BNS is a cornerstone in the ever-changing environment of criminal justice, expressing the principles of responsibility, proportionality, and the quest for a fair and equitable resolution to theft-related issues.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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