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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XVII: Of Offences Against Property

Section 331 BNS: Punishment for house-trespass or house-breaking

Corresponding IPC
Section 453, 454, 455, 456, 457, 458, 459, 460 IPC
Punishment
Basic: up to 2 years and fine; at night: up to 3 years and fine; to commit an offence: up to 3 years and fine (up to 10 if theft); night and to commit an offence: up to 5 years and fine (up to 14 if theft); after preparation for hurt etc.: up to 10 years and fine; same at night: up to 14 years and fine; grievous hurt or attempt at death/grievous hurt: life or up to 10 years, and fine; at night, causing or attempting death or grievous hurt: life or up to 10 years, and fine
Note
Consolidates IPC punishments for lurking house-trespass and house-breaking (IPC 453-460); largely retained.

Classification of offence

SectionCognizable?Bailable?Triable by
331(1)CognizableNon-bailableAny Magistrate
331(2)CognizableNon-bailableAny Magistrate
331(3)CognizableNon-bailableAny Magistrate
331(3)CognizableNon-bailableMagistrate of the first class
331(4)CognizableNon-bailableAny Magistrate
331(4)CognizableNon-bailableMagistrate of the first class
331(5)CognizableNon-bailableMagistrate of the first class
331(6)CognizableNon-bailableMagistrate of the first class
331(7)CognizableNon-bailableCourt of Session
331(8)CognizableNon-bailableCourt of Session

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

breaking.—(1) Whoever commits lurking housetrespass 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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Prescribes graded punishments for lurking house-trespass or house-breaking, increasing for night-time commission, intent to commit an offence (more if theft), preparation for hurt, assault or restraint, causing grievous hurt, and attempting death or grievous hurt.

Chapter XVII: Of Offences Against Property

  1. 303 Theft
  2. 304 Snatching
  3. 305 Theft in a dwelling house, or means of transportation or place of worship, etc
  4. 306 Theft by clerk or servant of property in possession of master
  5. 307 Theft after preparation made for causing death, hurt or restraint in order to committing of theft
  6. 308 Extortion
  7. 309 Robbery
  8. 310 Dacoity
  9. 311 Robbery, or dacoity, with attempt to cause death or grievous hurt
  10. 312 Attempt to commit robbery or dacoity when armed with deadly weapon
  11. 313 Punishment for belonging to gang of robbers, etc
  12. 314 Dishonest misappropriation of property
  13. 315 Dishonest misappropriation of property possessed by deceased person at the time of his death
  14. 316 Criminal breach of trust
  15. 317 Stolen property
  16. 318 Cheating
  17. 319 Cheating by personation
  18. 320 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
  19. 321 Dishonestly or fraudulently preventing debt being available for creditors
  20. 322 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
  21. 323 Dishonest or fraudulent removal or concealment of property
  22. 324 Mischief
  23. 325 Mischief by killing or maiming animal
  24. 326 Mischief by injury, inundation, fire or explosive substance, etc
  25. 327 Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
  26. 328 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
  27. 329 Criminal trespass and house-trespass
  28. 330 House-trespass and hous-ebreaking
  29. 331 Punishment for house-trespass or house-breaking
  30. 332 House-trespass in order to commit offence
  31. 333 House-trespass after preparation for hurt, assault or wrongful restraint
  32. 334 Dishonestly breaking open receptacle containing property
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