Section 333 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported breakdown of Section 333 of the Bharatiya Nyaya Sanhita, 2023, located in Chapter XVII – Offences Against Property:
🚨 Section 333 – House‑Trespass After Preparation to Hurt, Assault, Restrain, or Intimidate
⚖️ Offence Description
A person is guilty under Section 333 if they:
Commit house‑trespass—that is, enter or remain unlawfully in a dwelling, tent, or vessel used for habitation or storing property, and
Have made prior preparations to:
Cause hurt (bodily injury),
Commit an assault,
Wrongfully restrain someone,
Or put someone in fear of these harms.
This offence targets acts of premeditation—combining trespass with intent to carry out further wrongdoing. (myjudix.com, kanoongpt.in, myjudix.com)
🛡️ Punishment
Imprisonment of either description (simple or rigorous) for up to 7 years,
Plus a fine, as set by the court. (myjudix.com)
🔍 Key Legal Elements
House‑trespass: Unauthorized entry into a residence or similar structure.
Preparation: Evidence of steps taken before trespassing—like bringing a weapon or coordinating with others.
Intent: The trespass must be linked to a plan to harm, assault, restrain, or frighten occupants.
Presumption of significance: This section punishes the act of trespass plus demonstration of pre-contemplated wrongdoing—thus punishing the planning and initiation, even if no assault occurs.
📋 Quick Snapshot
| Aspect | Details |
|---|---|
| Offence | House‑trespass + premeditated preparation to commit violence or intimidation |
| Max Penalty | Up to 7 years imprisonment + fine |
| Cognizable | Yes—police can arrest without warrant |
| Bailable | Non-bailable—granting bail is at the court’s discretion |
| Triable by | Magistrate (typically First-Class) |
📝 Illustrative Example
If A scopes out a house, arms themselves with a weapon, and sneaks in intending to threaten or harm someone—but is caught before causing physical injury—A would be liable under Section 333 for the attempted, pre-planned intrusion.
Section 333 fills a critical gap—it penalizes dangerous, premeditated trespass before harm occurs, ensuring early intervention in potential violent scenarios. Let me know if you'd like to explore Section 334 (breaking open receptacles), Section 332 (trespass to commit offence), or how courts assess "preparation" in such cases!
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