Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Aggravated forms of Lurking House-Trespass and House Breaking (Ss. 331 to 334 BNS)
Aggravated forms of lurking house-trespass and house-breaking under the Bharatiya Nyaya Sanhita represent a more serious category of offences where the basic act of unlawful entry is accompanied by factors that heighten its gravity. While ordinary house-trespass involves unauthorized entry into a dwelling, these aggravated forms typically include elements such as preparation for causing hurt, assault, or wrongful restraint, commission during night time, or the use of force to gain entry or exit.
The law treats such offences with greater severity because they pose a direct threat not only to property but also to the safety and security of individuals within their homes. By recognizing circumstances that increase the potential for harm—such as intent to commit further offences or the use of violence—the BNS aims to deter more dangerous intrusions and ensure stronger legal protection for habitation. Understanding these aggravated forms is essential to appreciate how criminal law differentiates between simple trespass and acts that endanger personal security and public order.
Punishment for House-Trespass or House-Breaking:
According to Section 330(1) BNS, whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.
Section 331 BNS:
Punishment for House-Trespass or House-Breaking:
(1) Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Punishment for General House-Trespass or House-Breaking (S. 331(1) BNS):
Under Section 331(1) BNS, whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. The offence under this Section is Cognizable, Non-bailable and triable by any Magistrate.
Punishment for General House-Trespass or House-Breaking at Night (S. 331(2) BNS):
Under Section 331(2) BNS, whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. The offence under this Section is Cognizable, Non-bailable and triable by any Magistrate.
Lurking House-Trespass or Housebreaking in Order to Commit Offence Punishable with Imprisonment (S. 331(3) BNS):
Section 331(3) BNS provides the punishment for committing lurking house-trespass or house-breaking with a further criminal intention. It links the act of unlawful entry with the purpose for which it is committed. If a person secretly or forcibly enters a protected place not just to trespass, but with the aim of committing a further crime—especially theft—the law imposes more severe punishment because of the increased danger and criminal intent involved.
The provision applies when a person commits either lurking house-trespass (i.e., house-trespass with concealment) or house-breaking (i.e., entry or exit by specified unlawful methods). These are already aggravated forms of trespass due to their secretive or forceful nature. An additional requirement is that such trespass must be committed with the intention of committing an offence punishable with imprisonment. This means the accused must have a further criminal objective, such as theft, assault, or any other offence that carries imprisonment as a punishment. The mere act of trespass is thus aggravated by this ulterior intent.
Punishment under S. 331(3) BNS:
The general punishment prescribed is imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. This reflects the seriousness of combining unlawful entry with a criminal purpose. The offence under the first part this Section is Cognizable, Non-bailable and triable by any Magistrate.
The law provides a stricter punishment when the intended offence is theft. In such cases, the term of imprisonment may extend to ten years, recognizing that house-breaking or lurking trespass is very commonly associated with theft and poses a greater threat to property and safety. The offence under the second part this Section is Cognizable, Non-bailable and triable by Magistrate of the First Class.
In Ratna @ Ratan Lal And Another v. State of Rajasthan, Criminal Appeal NO.2298 OF 2014 case, where some unknown persons had committed theft at the house of complainant by breaking open the lock and some pieces of silver and gold jewelry were stolen. The trial court held the appellants Ratna and Uda guilty under Sections 454 and 380 IPC, (S. 331(3) and 305 BNS) and the punishment given was 3 years and 7 years rigorous imprisonment respectively and fine. The Supreme Court although upholding the conviction, reduced the sentence to 1 year and 18 months imprisonment under Sections 454 and 380 IPC, (S. 331(3) and 305 BNS) respectively, due to the long duration of the case.
Lurking House-Trespass or Housebreaking by Night in Order to Commit Offence Punishable with Imprisonment (S. 331(4) BNS)
The offence is same as that provided for in Section 331(3) BNS but it is committed after sunset and before sunrise
Punishment for Offence under S. 331(4) BNS:
The general punishment prescribed is imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. This reflects the seriousness of combining unlawful entry with a criminal purpose. The offence under this part of the Section is Cognizable, Non-bailable and triable by any Magistrate.
The law provides a stricter punishment when the intended offence is theft. In such cases, the term of imprisonment may extend to fourteen years, recognizing that house-breaking or lurking trespass is very commonly associated with theft and poses a greater threat to property and safety. The offence under this part of Section is Cognizable, Non-bailable and triable by Magistrate of the First Class
In Nasiruddin and Others v. State of Assam, AIR 1971 SC 1254 case, where the appellants came to the house of Samsheruddin during night armed with deadly weapons, and broke open the door of the house in order to abduct his wife, Jahura Bibi. The trial court, High Court and the Supreme Court held the appellants guilty under Section 457, IPC, for committing house-breaking by night for the purpose of commission of an offence punishable with imprisonment (in this case it was abduction).
Lurking House-Trespass or Housebreaking after Preparation for Hurt, Assault or Wrongful Restraint (S. 331(5) BNS)
Unde Section 331(5) BNS, if a person unlawfully enters or remains in someone’s house secretly (lurking house-trespass) or forcibly breaks into a house (house-breaking), and has already made preparations to harm someone, threaten them, assault them, or restrict their freedom, the offense is considered very serious. The law does not require that actual harm be caused—what matters is that the person entered with prior intent and readiness to carry out such harmful acts. Because of this dangerous combination of unlawful entry and preparation for violence or intimidation, the punishment is severe.
Punishment for Offence under S. 331(5) BNS:
Imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine. The offence under this Section is Cognizable, Non-bailable and triable by Magistrate of the First Class.
In Chonampara Chellappan v. State of Kerala, AIR 1979 SC 3761 case, where the accused appellants armed with various weapons had entered inside the police wireless station after breaking open windows and doors and assaulted the inmates. The Supreme Court held that they must be deemed to have shared the common object of committing lurking house trespass and were therefore made liable for conviction under Section 455 IPC (S. 331(5) BNS) read with Section 149, IPC (S. 190 BNS).
Lurking House-Trespass or Housebreaking by Night after Preparation for Hurt, Assault, or Wrongful Restraint (S. 331(6) BNS):
The offence is same as that provided for in Section 331(5) BNS but it is committed after sunset and before sunrise
Punishment for Offence under S. 331(6) BNS:
Imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. The offence is Cognizable, Non-bailable and triable by Magistrate of the First Class.
Grievous Hurt Caused Whilst Committing Lurking House-Trespass or House-Breaking (S. 331(7) BNS):
Under Section 331(7) BNS, if a person unlawfully enters a house by hiding their presence (lurking house-trespass) or by forcibly breaking in (house-breaking), and during that act either causes serious injury (grievous hurt) to someone or even attempts to kill or seriously injure someone, the offense becomes much more severe. The law focuses not just on the illegal entry, but on the violence or attempted violence committed at the same time. Because such actions pose a grave danger to life and safety, the punishment is very strict.
Punishment for Offence under S. 331(7) BNS:
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The offence is Cognizable, Non-bailable and triable by Court of Session.
Death or Grievous Hurt Caused by One of Several Persons Jointly Concerned in House-Breaking By Night, etc (S. 331(8)):
This provision deals with a particularly serious situation involving night-time house crimes. It means that if a group of people commit lurking house-trespass or house-breaking between sunset and sunrise, and during the commission of that offence any one of them intentionally causes or even attempts to cause death or grievous hurt to someone, then all the persons involved in that crime are held equally responsible. In other words, even if only one member actually carried out or attempted the violent act, every participant in the group can be punished as if they were responsible for it. Because of the heightened danger of crimes committed at night and the involvement of violence or attempted violence, the punishment is severe.
Note that the aggravation mentioned in Section 331(8) BNS must takes place at the time of the committing of lurking house-trespass or house-breaking.
Punishment for Offence under S. 331(8) BNS:
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The offence is Cognizable, Non-bailable and triable by Court of Session.
In Haradhan Das v. State of West Bengal (2012) 12 SCALE 416 case, the Supreme Court said: “to establish an offence under Section 460 of the Code (S. 331(8) BNS), it may not be necessary for the prosecution to establish common intention or object. Suffice it will be to establish that they acted jointly and committed the offence stated in Section 460 IPC (S. 331(8) BNS). The principle of constructive liability is applicable in distinction to contributory liability”
House-Trespass in Order to Commit Offence:
Section 332 BNS:
House-Trespass in Order to Commit Offence:
Whoever commits house-trespass in order to the committing of any offence—
(a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine;
(b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine;
(c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine: Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.
House-Trespass in Order to Commit Offence Punishable with Death (S. 332(a) BNS):
Under Section 332(b) BNS, if a person unlawfully enters or remains in someone’s house (house-trespass) with the intention of committing a very serious crime—specifically one that is punishable with death—then the law treats the act as extremely grave, even if the intended crime is not ultimately carried out. What matters is the purpose behind the trespass: entering the house as a step toward committing a capital offence such as murder. Because of this dangerous intent combined with unlawful entry, the punishment is severe.
Punishment for Offence under S. 332(a) BNS:
Imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. The offence is Cognizable, Non-bailable and triable by Court of Session.
House-Trespass in Order to Commit Offence Punishable with Imprisonment for Life (S. 332(b) BNS):
Under Section 332(b) BNS if a person unlawfully enters or remains in someone’s house (house-trespass) with the intention of committing a serious offence that is punishable with life imprisonment, the law treats this as a grave crime. The focus is on the purpose behind the trespass: even if the intended offence is not actually carried out, entering the house with such a serious criminal intent is enough to attract punishment. Because the planned offence is of a very serious nature, the punishment for this preparatory act is also strict.
Punishment for Offence under S. 332(b) BNS:
Imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. The offence is Cognizable, Non-bailable and triable by Court of Session.
House-Trespass In Order To Commit Offence Punishable With Imprisonment (S. 332(c) BNS):
Under Section 332(c) BNS, if a person unlawfully enters or remains in someone’s house (house-trespass) with the intention of committing any offence that is punishable with imprisonment, the act itself becomes a punishable crime—even if the intended offence is not actually carried out. The law focuses on the intention behind entering the house: using trespass as a step toward committing another crime.
Punishment for Offence under S. 332(c) BNS:
Imprisonment of either description for a term which may extend to two years, and shall also be liable to fine and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years. For the first part the offence is Cognizable, Bailable and triable by any Magistrate. For the Second part the offence is Cognizable, Non-Bailable and triable by any Magistrate.
House-Trespass after Preparation for Hurt, Assault or Wrongful Restraint:
Section 333 BNS:
House-Trespass after Preparation for Hurt, Assault or Wrongful Restraint:
Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Under Section 333 BNS, if a person unlawfully enters or remains in someone’s house (house-trespass), and has already made preparations to harm someone, assault them, restrain them unlawfully, or frighten them with the threat of such actions, the offence is treated as more serious than ordinary trespass. The law does not require that the harm or assault actually take place; it is enough that the person entered the house after preparing to carry out such acts. This shows a deliberate and dangerous intention, which increases the gravity of the offence.
Punishment for the Offence under S. 333 BNS:
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The offence under this Section is Cognizable, Non-bailable and triable by any Magistrate.
Dishonestly Breaking Open Receptacle Containing Property:
Section 334:
Dishonestly Breaking Open Receptacle Containing Property:
(1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Dishonestly Breaking Open Receptacle Containing Property:
Under Section 334(1) BNS, a person commits an offence if they intentionally open or break into a closed container, such as a box, cupboard, or locker, with a dishonest motive or with the intention of causing damage. The law applies whether the container is forced open or simply unlocked or unfastened. It is not necessary that the container actually contains property; it is enough if the person believes that it does. The key element is the presence of wrongful intent—either to gain something unlawfully or to cause harm.
Punishment for Offence under Section 334(1) BNS:
Imprisonment of either description for a term which may extend to two years, or with fine, or with both. The offence under this Section is Cognizable, Non-bailable and triable by any Magistrate.
Punishment for Same Offence as under Section 334(1) BNS When Committed by Person Entrusted with Custody (S. 334(2) BNS):
Section 334(2) BNS deals with a more serious situation where a person is entrusted with a closed container—such as a box, safe, or locker—but misuses that trust. It applies when someone who has been given custody of such a receptacle, and does not have authority to open it, deliberately opens it either dishonestly (to gain something wrongfully) or with the intention of causing damage. The law covers both situations where the receptacle actually contains property and where the person merely believes that it does. The key difference here is the element of entrustment, meaning the person was trusted to keep the container safe but instead violated that trust. Because of this breach of confidence, the offence is treated more seriously than a general act of breaking open a receptacle.
Punishment for Offence under Section 334(2) BNS:
Imprisonment of either description for a term which may extend to three years, or with fine, or with both. The offence under this Section is Cognizable, Bailable and triable by any Magistrate.
Conclusion:
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