Bharatiya Nyaya Sanhita, 2023
BNS Section 332
House-trespass in order to commit offence
In one line
BNS Section 332 deals with house-trespass in order to commit offence and replaces IPC 449 (now 332(a)), IPC 450 (now 332(b)), IPC 451 (now 332(c)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 332(a) | House-trespass in order to the commission of an offence punishable with death. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 332(b) | House-trespass in order to the commission of an offence punishable with imprisonment for life. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 332(c) | House-trespass in order to the commission of an offence punishable with imprisonment. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 332(c) | If the offence is theft. | Imprisonment for 7 years. | Cognizable. | Non-bailable. | Any Magistrate. |
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 332
332. 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.
What changed from the IPC
- IPC 449 → BNS 332(a): IPC section is included as a sub-section in BNS.
- IPC 450 → BNS 332(b): IPC section is included as a sub-section sans heading.
- IPC 451 → BNS 332(c): IPC section is included as a sub-section sans heading.
Frequently asked
What was BNS Section 332 in the IPC?
BNS Section 332 (House-trespass in order to commit offence) replaces Sections 449, 450, 451 of the Indian Penal Code, 1860. IPC 449 is now BNS 332(a). IPC 450 is now BNS 332(b). IPC 451 is now BNS 332(c).
What is the punishment under BNS 332(a)?
House-trespass in order to the commission of an offence punishable with death – punishable with imprisonment for life, or with rigorous imprisonment for a term not exceeding 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 332(b)?
House-trespass in order to the commission of an offence punishable with imprisonment for life – punishable with imprisonment for life, or with rigorous imprisonment for a term not exceeding 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 332(c)?
House-trespass in order to the commission of an offence punishable with imprisonment – punishable with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 332 bailable?
Bailable: BNS 332(c). Non-bailable: BNS 332(a), 332(b), 332(c). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- 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 331 — Punishment for house-trespass or house-breaking
- 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
- BNS 337 — Forgery of record of Court or of public register, etc
