Section 331 of the Bharatiya Nyaya Sanhita (BNS), 2023

Here’s a full breakdown of Section 331 of the Bharatiya Nyaya Sanhita (BNS), 2023:

📜 Section 331 – Punishment for House-Trespass or House-Breaking

Chapter XVII – Offences Against Property

🧩 Offence Defined

This section covers lurking house-trespass or house-breaking, which broadly means unlawfully entering a dwelling with intent to commit further offences, intimidate, or harm someone.

⚖️ Punishment Structure

Based on circumstances, the offence is graded as follows (per Advocate Sudhir Rao) 

Basic lurking house-trespass or house-breaking

Up to 2 years imprisonment + fine.

At night (sunset to sunrise)

Up to 3 years imprisonment + fine.

With intent to commit an imprisonable offence

Up to 3 years, or up to 10 years if that offence is theft.

At night + intent to commit offence

Up to 5 years, or up to 14 years for theft.

With preparation for causing hurt, assault, restraint, or fear

Up to 10 years + fine.

Night + preparation for hurt/restraint

Up to 14 years + fine.

Causing grievous hurt or attempting death during trespass

Life imprisonment, or up to 10 years + fine.

Night trespass + causing grievous hurt/attempting death

Same as above—life or up to 10 years + fine (sudhirrao.com, citizen.complainthub.org).

🛡️ Classification & Trial

Cognizable: ✅ Yes – Police can arrest without a warrant

Bailable: Not typically bailable in serious cases

Triable By: First-Class Magistrate (or higher, based on severity) (devgan.in, prsindia.org)

🧭 Context & Modernization

BNS aligns with IPC's provisions for criminal trespass and burglary but provides clearer gradations based on timing, intent, and outcome.

Emphasis on nighttime trespass and violent intent reflects heightened public safety concerns.

Ranges from 2 years (simple break-in) to life imprisonment (burglary with grievous harm).

✅ Summary Table

ScenarioImprisonment
Simple lurking or breakingUp to 2 years
At nightUp to 3 years
With intent for offenceUp to 3 years / up to 10 years if theft
At night + intentUp to 5 years / up to 14 years if theft
With preparation for hurt/restraintUp to 10 years
Night + preparation for violence/restraintUp to 14 years
Causing grievous hurt/attempted deathLife or up to 10 years
Night + grievous harmLife or up to 10 years

 

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