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.
Understanding the Section
Section 380 of the Indian Penal Code addresses theft committed in a dwelling house or place where property is kept. This section is considered of a greater degree than simple theft under Section 379 as a theft now exists from a private and secured space, such as a house or living quarters, or a storage room.
Section 380 of the IPC residence applies to an instance in which a person committed theft inside any building, tent, or vessel that was either:
- Used as a human dwelling (a place in which people reside), or
- Used for the custody of property (such as storage rooms, or safes).
The law affirms that a theft that occurs inside a dwelling or secured space carries a greater toll of invasion of security and privacy, and thus prescribes a greater punishment for it as well, than simple theft.
Essential Elements
In order to prove the offence under Section 380 IPC, following must be established:
- Theft must have taken place: The accused must have committed theft in accordance with the definitions under Section 378 IPC, which includes taking movable property dishonestly (without consent) from wrongful possession.
- Place of theft – The theft must have occurred in some kind of building, tent, or vessel.
- Habitability of the Property – The place must be meant for human habitation or the place to keep property or goods, examples being: houses, offices, shops, temples, warehouses, or a boat used as habitation.
- Presence or absence of person – It is not necessary for a person to be at home at the time the theft occurred. Regardless of if the house was locked, the offence under Section 380 is complete if the theft occurred inside.
Punishment
The punishment issued under Section 380 IPC is:
- Imprisonment of either description (rigorous or simple) for a term not exceeding 7 years
- And fine.
This exhibits the seriousness with which the law regards theft from a home or protected area.
Examples
- A enters B’s house at nighttime and takes jewelry from a cupboard. This qualified as theft from a dwelling house under section 380.
- C takes goods from a warehouse that the owner stores merchandise in. A warehouse is a place where property is kept; thus, this theft falls under section 380.
- D, the domestic worker, takes cash from the house of the employer. Again, this theft qualifies under section 380 because the theft occurred in a dwelling house.
Case Laws
In Shyam Behari v. State of Uttar Pradesh (1957), the Supreme Court interpreted the essence of section 380 IPC as encompassing theft in a dwelling house. The court noted that section 380 applies even if a person is lawfully present in the house before committing the theft.
State of Maharashtra v. Vishwanath Tukaram Umale (1979)
The court stated that “dwelling house” includes any place made for living purposes. Even if the “dwelling house” is temporary or movable.
Pirthi v. State of Haryana (1994)
In this case, it was held that a locked house is a “dwelling house” as contemplated by section 380. Theft committed inside a dwelling house would be covered by section 380 IPC.
Key Points
- The location type makes the offence aggravated theft under section 380.
- Theft in dwelling houses violates property rights and may also violate personal security.
- It applies to everyone, even employees, domestic workers, or visitors if they take something from inside the premises.
- The penalty is more severe to deter theft.
Section 380 IPC gives greater protection to homes, storage places, and places of trust, by deterring thefts from places where people expect safety and security, which is an important measure to protect property rights in India.