BNS Section 334 – Dishonestly breaking open receptacle containing property
The Indian Penal Code (IPC) Section – 461,462
Bharatiya Nyaya Sanhita (BNS) Section 334: Dishonestly Breaking Open a Receptacle Containing Property
This section deals with the act of breaking open or unfastening a closed container (e.g., box, locker) that contains or is believed to contain property, with dishonest or mischievous intent. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Dishonestly or with intent to commit mischief:
- Breaks open or unfastens a closed container (e.g., box, locker, bag) that contains or is believed to contain property.
- If the person is entrusted with the container but opens it without authority and with dishonest or mischievous intent.
What is the Punishment?
| Type of Offence | Punishment |
|---|---|
| Breaking Open a Receptacle | – Jail term up to 2 years, or – Fine, or – Both. |
| Breaking Open a Receptacle When Entrusted | – Jail term up to 3 years, or – Fine, or – Both. |
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable | Police can arrest without a warrant. |
| Bailable or Non-bailable | – Non-bailable (for breaking open a receptacle). – Bailable (for breaking open when entrusted). |
| Court for Trial | Any Magistrate – The case can be tried in a Magistrate’s court. |
Key Points to Understand
- Dishonest or Mischievous Intent:
- The offender must act dishonestly (for personal gain) or with the intent to cause mischief (harm or damage).
- Types of Receptacles:
- The law applies to any closed container, such as boxes, lockers, bags, or safes.
- Entrusted with the Receptacle:
- If the offender was trusted with the container but opens it without permission, the punishment is stricter (up to 3 years in jail).
Examples of the Offence
- Example 1:
- A breaks open Z’s locker to steal money. A is guilty under this section and faces up to 2 years in jail.
- Example 2:
- B is entrusted with a box but opens it without permission to steal its contents. B is guilty under this section and faces up to 3 years in jail.
Why is this Law Important?
This law is important because:
- It protects people’s property stored in closed containers.
- It ensures that those who break into containers with dishonest or mischievous intent face punishment.
- It deters theft and unauthorized access to personal belongings.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 334 makes it a crime to dishonestly or mischievously break open or unfasten a closed container containing property. The punishment includes up to 2 years in jail or a fine, or both. If the offender was entrusted with the container, the punishment increases to up to 3 years in jail. The law ensures the security of personal property and deters unauthorized access.
