Bharatiya Nyaya Sanhita, 2023
BNS Section 334
Dishonestly breaking open receptacle containing property
In one line
BNS Section 334 deals with dishonestly breaking open receptacle containing property and replaces IPC 461 (now 334(1)), IPC 462 (now 334(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 334(1) | Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 334(2) | Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same. | Imprisonment for 3 years, or fine, or both. | Cognizable. | 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 334
334. 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.
What changed from the IPC
- IPC 461 → BNS 334(1): IPC section is included as a sub-section in BNS.
- IPC 462 → BNS 334(2): IPC section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 334 in the IPC?
BNS Section 334 (Dishonestly breaking open receptacle containing property) replaces Sections 461, 462 of the Indian Penal Code, 1860. IPC 461 is now BNS 334(1). IPC 462 is now BNS 334(2).
What is the punishment under BNS 334(1)?
Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 334(2)?
Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 334 bailable?
Bailable: BNS 334(2). Non-bailable: BNS 334(1). 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 329 — Criminal trespass and house-trespass
- BNS 330 — House-trespass and house-breaking
- BNS 331 — Punishment for house-trespass or house-breaking
- BNS 332 — House-trespass in order to commit offence
- BNS 333 — House-trespass after preparation for hurt, assault or wrongful restraint
- BNS 335 — Making a false document
- BNS 336 — Forgery
- BNS 337 — Forgery of record of Court or of public register, etc
- BNS 338 — Forgery of valuable security, will, etc
- BNS 339 — Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine