Section 330 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported summary of Section 330 of the Bharatiya Nyaya Sanhita, 2023 (BNS), found in Chapter XVII – Offences Against Property:
🏠 Section 330 – Lurking House‑Trespass & House‑Breaking
1. 🍂 Lurking House‑Trespass
A person commits lurking house‑trespass if they:
Enter a house, tent, or vessel (used as residence or for storing property),
With the intent to commit an offence, and
Have taken precautions to conceal their entry from anyone entitled to eject them. (sudhirrao.com, myjudix.com)
In short: sneaking in stealthily while avoiding detection.
2. 🔓 House‑Breaking
A person is guilty of house‑breaking if they commit house‑trespass by entering or exiting in any of these six ways: (sudhirrao.com)
(a) Creating a new passage (e.g., breaking a wall),
(b) Entering via a place not intended for human access (e.g., scaling wall or climbing),
(c) Opening a previously closed passage—not intended for entry,
(d) Unlocking or tampering with locks to enter or exit,
(e) Using force, assault, or threats against someone,
(f) Gaining entry through an already locked fastened opening opened unlawfully by them.
The section provides real-life illustrations—cutting a hole in a wall, using wire to lift a latch, or forcing past someone physically—each qualifies as house-breaking. (sudhirrao.com)
⚖️ Punishment for Section 330 (Under Section 331)
While Section 330 defines the offence, Section 331 specifies its punishment:
Lurking house‑trespass or house‑breaking: Up to 2 years’ imprisonment + fine.
Doing so at night (after sunset): Up to 3 years + fine.
If committed to commit another offence (e.g., theft): Up to 3 years, and if combined with theft, up to 10 years.
If combined with preparation to hurt, assault, or restrain someone: Up to 10 years; and 14 years if at night. (myjudix.com, prsindia.org)
📝 Example Scenarios
Sneaking into a house at night through a broken window to steal while avoiding detection = lurking house‑trespass + house‑breaking → punishable up to 3 years.
Blasting open a lock, entering by force, intending to assault anyone inside = house‑breaking via force → punishable up to 10 yrs (or 14 yrs at night).
🧭 Why It Matters
Section 330 distinctly classifies burglary-like crimes based on methods of entry and stealth. Combined with Section 331’s punishments, it deters premeditated trespass and violent break-ins. The explicit listing of six entry methods clarifies what qualifies as breaking-in under the law.
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