Section 331: Punishment for house-trespass or house breaking.
(1) Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years,
and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful
restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 332 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS
House-trespass in order to commit offence
Whoever commits house-trespass in order to the committing of any offence––
(a) punishable with death, shall be punished with imprisonment for life, or with
rigorous imprisonment for a term not exceeding ten years, and shall also be liable to
fine;
(b) punishable with imprisonment for life, shall be punished with imprisonment
of either description for a term not exceeding ten years, and shall also be liable to fine;
(c) punishable with imprisonment, shall be punished with imprisonment of either
description for a term which may extend to two years, and shall also be liable to fine:
Provided that if the offence intended to be committed is theft, the term of the
imprisonment may be extended to seven years
Section 333 BNS – Section 333 of New Bharatiya Nyaya Sanhita
Section 333 BNS or Section 333 of Bharatiya Nyaya Sanhita talks about “House-trespass after preparation for hurt, assault or wrongful restraint.“
Definition of Section 333 BNS
Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 334 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS
Dishonestly breaking open receptacle containing property
(1) Whoever dishonestly or with intent to commit mischief, breaks open or
unfastens any closed receptacle which contains or which he believes to contain property,
shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) Whoever, being entrusted with any closed receptacle which contains or which he
believes to contain property, without having authority to open the same, dishonestly, or with
intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Dr. Jinesh Soni
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