IPC Section 380 - Theft in Dwelling House, etc.
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.
Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused committed theft as defined in Section 378.
- The theft occurred in a building, tent, or vessel.
- The location was used as a human dwelling or for property custody.
- All elements of theft were present.
Potential Defenses:
- No theft was committed.
- The location was not a dwelling or property storage area.
- The accused had consent to enter and take property.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person stealing from a house, office building, or storage facility.
What Doesn't Constitute:
A person stealing from an open field, or public area not used for dwelling or property storage.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized the enhanced punishment for theft in dwelling houses and property storage areas.
Punishment
Up to 7 years and Fine
Related Information
Connected Sections:
This section provides enhanced punishment for theft in dwelling houses. It follows Section 379.
Procedural Aspects:
Prosecution requires proof of theft in specified locations. The case is triable by a Magistrate of the first class.