Indian Penal Code 1860
Section 380 :
Theft in dwelling house, etc:
(See section 305 of BNS 2023)
Classification of Offence:
Offence: Theft in a building, tent or vessel.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable.
Compoundable or Non-compoundable : Non-compoundable.
By Which Court Triable :Any Magistrate.
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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.
State Amendment :
Tamil Nadu :
Section 380 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter in this Part referred to as the principal Act), shall be renumbered as sub-section (1) of the 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, Section 2]
