Section 332 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-sourced explanation of Section 332 of the Bharatiya Nyaya Sanhita, 2023 (from Chapter XVII – Offences Against Property):
🏃♂️ Section 332 – House‑Trespass in Order to Commit an Offence
⚖️ Legal Provision
Whoever commits house‑trespass with the intent to commit any offence faces escalating punishment based on the severity of the intended crime:
Intended offence punishable by death
→ Life imprisonment or rigorous imprisonment up to 10 years, plus fine
Intended offence punishable by life imprisonment
→ Up to 10 years’ imprisonment (simple or rigorous), plus fine
Intended offence punishable by imprisonment (< life term)
→ Up to 2 years’ imprisonment, plus fine
→ If the intended offence is theft, imprisonment may extend up to 7 years (testbook.com, nyayasanhita.schoolnxg.com)
🧭 Key Elements
House‑trespass: Unauthorized entry or remaining in a dwelling, tent, or boat used for residence or storage.
Criminal intent: Entry must be with the purpose of committing another crime.
Tiered punishment: Severity aligns with the potential gravity of the intended offence (death‑level, life‑term, or shorter sentences).
Special clause for theft: Even though theft is punishable by less, trespass with intent to steal can attract up to 7 years—reflecting its seriousness when combined with illegal entry.
📋 Summary Table
| Intended Offence Severity | Maximum Imprisonment | Fine | Notes |
|---|---|---|---|
| Punishable by death | Life imprisonment or ≤ 10 years rigorous | ✔︎ | Harshest category |
| Punishable by life | ≤ 10 years (simple or rigorous) | ✔︎ | Non-capital serious offences |
| Punishable by fine or short jail | ≤ 2 years | ✔︎ | +7 years if intended offence is theft |
📚 Comparison & Legal Context
Mirrors IPC Sections 449/450/451, consolidating house‑trespass offences into a single, structured provision. (testbook.com, taxmanagementindia.com, prsindia.org)
Emphasizes intentional illegal entry, not just trespassing.
Recognition of theft’s severity when paired with trespass strengthens deterrence.
📝 Practical Example
Scenario: A person enters someone's home at night intending to kill — qualifies under clause (a), punishable by life or up to 10 years.
Scenario: Another breaks in aiming to steal – punishable under clause (c), with imprisonment up to 7 years despite theft alone being less severe.
Do you want a deeper dive into related provisions (e.g., Section 330 – lurking trespass, and Section 331 – punishment specifics), analysis of case law, or procedural aspects like cognizability and bail? Just say the word!
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