Is theft in a dwelling house under BNS 305 bailable?

No, Section 305 BNS is strictly non-bailable. Accused persons must apply to a Magistrate's court to seek release on bail.

What is the penalty for dwelling house or temple theft under Section 305?

It carries an enhanced punishment compared to simple theft: imprisonment for a term which may extend up to 7 years, along with a mandatory fine.

Which court conducts trials under BNS Section 305?

The offence is triable by 'Any Magistrate', making it quickly manageable under standard magisterial procedures.

Procedural Classification · BNSS First Schedule

BNS Section 305 Punishment Jail Term, Fines & Sentencing Guidelines

Analysis of punishment terms, fines, and judicial sentencing rules for BNS Section 305: Theft in a dwelling house, or means of transportation or place of worship, etc under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

⚖️ Sentencing & Penalty Guidelines

Theft in a dwelling house

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment foror means of transportation 7 years and fine. or place of worship, etc