Bharatiya Nyaya Sanhita, 2023
BNS Section 331
Punishment for house-trespass or house-breaking
In one line
BNS Section 331 deals with punishment for house-trespass or house-breaking and replaces IPC 453 (now 331(1)), IPC 456 (now 331(2)), IPC 454 (now 331(3)), IPC 457 (now 331(4)), IPC 455 (now 331(5)), IPC 458 (now 331(6)), IPC 459 (now 331(7)), IPC 460 (now 331(8)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 331(1) | Lurking house-trespass or house-breaking. | Imprisonment for 2 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 331(2) | Lurking house-trespass or house-breaking by night. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 331(3) | Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 331(3) | If the offence be theft. | Imprisonment for 10 years. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 331(4) | Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 331(4) | If the offence be theft. | Imprisonment for 14 years. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 331(5) | Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 331(6) | Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc. | Imprisonment for 14 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 331(7) | Grievous hurt caused whilst committing lurking house-trespass or house-breaking. | Imprisonment for life, or imprisonment for 1 0 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 331(8) | Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 331
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.
(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What changed from the IPC
- IPC 453 → BNS 331(1): IPC section is included as a sub-section.
- IPC 453 → BNS 331(1): "Lurking" is dropped from heading.
- IPC 456 → BNS 331(2): IPC section is included as a sub-section in BNS sans heading.
- IPC 456 → BNS 331(2): "by night' is replaced by after "sunset and before sunrise".
- IPC 454 → BNS 331(3): IPC section is included as a sub-section in BNS sans heading.
- IPC 457 → BNS 331(4): The words "by night" are replaced by "after sunset and before sunrise".
- IPC 455 → BNS 331(5): Section is included as a sub-section in BNS sans heading.
- IPC 458 → BNS 331(6): IPC section is included as a sub-section in BNS sans heading.
- IPC 458 → BNS 331(6): "by night" is replaced by "after sunset and before sunrise".
- IPC 459 → BNS 331(7): IPC section is included as a sub-section in BNS sans heading.
- IPC 460 → BNS 331(8): IPC section is included as a sub-section in BNS sans heading.
- IPC 460 → BNS 331(8): "by night" is replaced by "after sunset and before sunrise".
Frequently asked
What was BNS Section 331 in the IPC?
BNS Section 331 (Punishment for house-trespass or house-breaking) replaces Sections 453, 456, 454, 457, 455, 458, 459, 460 of the Indian Penal Code, 1860. IPC 453 is now BNS 331(1). IPC 456 is now BNS 331(2). IPC 454 is now BNS 331(3). IPC 457 is now BNS 331(4). IPC 455 is now BNS 331(5). IPC 458 is now BNS 331(6). IPC 459 is now BNS 331(7). IPC 460 is now BNS 331(8).
What is the punishment under BNS 331(1)?
Lurking house-trespass or house-breaking – punishable with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 331(2)?
Lurking house-trespass or house-breaking by night – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 331(3)?
Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment – punishable with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 331(4)?
Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment – punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 331(5)?
Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc – punishable with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 331(6)?
Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc – punishable with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 331(7)?
Grievous hurt caused whilst committing lurking house-trespass or house-breaking – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 331(8)?
Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc – punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 331 bailable?
Non-bailable: BNS 331(1), 331(2), 331(3), 331(3), 331(4), 331(4), 331(5), 331(6), 331(7), 331(8). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 326 — Mischief by injury, inundation, fire or explosive substance, etc
- BNS 327 — Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
- BNS 328 — Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
- BNS 329 — Criminal trespass and house-trespass
- BNS 330 — House-trespass and house-breaking
- BNS 332 — House-trespass in order to commit offence
- BNS 333 — House-trespass after preparation for hurt, assault or wrongful restraint
- BNS 334 — Dishonestly breaking open receptacle containing property
- BNS 335 — Making a false document
- BNS 336 — Forgery