BNS Section 332 – House-trespass in order to commit offence
The Indian Penal Code (IPC) Section – 449,451
Bharatiya Nyaya Sanhita (BNS) Section 332: House-Trespass in Order to Commit an Offence
This section deals with the act of trespassing into a property with the intent to commit a specific offence. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Commits house-trespass (entering or remaining in a property without permission).
- Does so with the intent to commit another serious offence (e.g., theft, murder, or any crime punishable by law).
Punishments for House-Trespass to Commit an Offence
| Type of Offence | Punishment |
|---|---|
| To Commit an Offence Punishable with Death | – Life imprisonment, or – Rigorous jail term up to 10 years, and – Fine. |
| To Commit an Offence Punishable with Life Imprisonment | – Jail term up to 10 years, and – Fine. |
| To Commit an Offence Punishable with Imprisonment | – Jail term up to 2 years, and – Fine. |
| If the Offence is Theft | – Jail term up to 7 years. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable | Police can arrest without a warrant. |
| Bailable or Non-bailable | – Non-bailable (for serious offences like murder or theft). – Bailable (for less serious offences). |
| Court for Trial | – Court of Session (for offences punishable with death or life imprisonment). – Any Magistrate (for other offences). |
Examples of the Offence
- Example 1:
- A enters Z’s house to commit murder. A faces life imprisonment or up to 10 years in jail.
- Example 2:
- A enters Z’s house to steal. A faces up to 7 years in jail.
- Example 3:
- A enters Z’s house to commit an offence punishable with imprisonment (e.g., assault). A faces up to 2 years in jail.
Why is this Law Important?
This law is important because:
- It prevents trespassing with the intent to commit serious crimes.
- It ensures stricter punishment for those who use trespassing as a means to harm others or steal.
- It protects property owners from unlawful entry and potential harm.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 332 makes it a crime to trespass into a property with the intent to commit another offence. Punishments vary based on the severity of the intended offence, ranging from 2 years to life imprisonment. The law ensures that such acts are dealt with strictly to protect property owners and maintain public safety.
