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
| Scenario | Imprisonment |
|---|---|
| Simple lurking or breaking | Up to 2 years |
| At night | Up to 3 years |
| With intent for offence | Up to 3 years / up to 10 years if theft |
| At night + intent | Up to 5 years / up to 14 years if theft |
| With preparation for hurt/restraint | Up to 10 years |
| Night + preparation for violence/restraint | Up to 14 years |
| Causing grievous hurt/attempted death | Life or up to 10 years |
| Night + grievous harm | Life or up to 10 years |
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