BNS Section 331 – Punishment for house-trespass or house breaking
The Indian Penal Code (IPC) Section – 453, 460
Bharatiya Nyaya Sanhita (BNS) Section 331: Punishment for House-Trespass or House-Breaking
This section outlines the punishments for lurking house-trespass and house-breaking, which are more serious forms of trespassing. Below is a simple explanation of the law in easy-to-understand language:
What is Lurking House-Trespass and House-Breaking?
- Lurking House-Trespass:
- Entering or remaining in a property (e.g., house, place of worship) while taking steps to hide from the owner.
- House-Breaking:
- Entering or exiting a property using force, breaking locks, or unconventional methods (e.g., climbing walls, breaking windows).
Punishments for House-Trespass and House-Breaking
| Type of Offence | Punishment |
|---|---|
| General House-Trespass or House-Breaking | – Jail term up to 2 years, and – Fine. |
| House-Trespass or House-Breaking at Night | – Jail term up to 3 years, and – Fine. |
| To Commit Another Offence | – Jail term up to 3 years, and – Fine. |
| If the Offence is Theft | – Jail term up to 10 years. |
| At Night to Commit Another Offence | – Jail term up to 5 years, and – Fine. |
| If the Offence is Theft at Night | – Jail term up to 14 years. |
| After Preparing to Cause Hurt or Assault | – Jail term up to 10 years, and – Fine. |
| At Night After Preparing to Cause Hurt | – Jail term up to 14 years, and – Fine. |
| Causing Grievous Hurt or Attempting to Kill | – Life imprisonment, or – Jail term up to 10 years, and – Fine. |
| Jointly Causing Death or Grievous Hurt at Night | – Life imprisonment, or – Jail term up to 10 years, and – Fine. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable | Police can arrest without a warrant. |
| Non-bailable | Accused cannot easily get bail. |
| Court for Trial | – Any Magistrate (for less severe cases). – Magistrate of the First Class or Court of Session (for severe cases). |
Examples of the Offence
- Example 1:
- A breaks into Z’s house at night to steal. A faces up to 14 years in jail.
- Example 2:
- A enters Z’s house during the day and assaults Z. A faces up to 10 years in jail.
- Example 3:
- A and B break into Z’s house at night, and B causes grievous hurt to Z. Both face life imprisonment or up to 10 years in jail.
Why is this Law Important?
This law is important because:
- It protects homes and properties from unlawful entry and harm.
- It ensures stricter punishment for crimes committed at night or with violent intent.
- It deters burglary, theft, and violent crimes.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 331 provides strict punishments for lurking house-trespass and house-breaking, especially when committed at night, with violent intent, or to commit theft. Penalties range from 2 years to life imprisonment, depending on the severity of the crime. The law ensures the safety and security of property owners and deters criminal activities.
