BNS Section 331: Punishment for house-trespass or house-breaking
Bharatiya Nyaya Sanhita, 2023 · Chapter 17: Of Offences Against Property - Of theft - Of extortion - Of robbery and dacoity - Of criminal misappropriation of property - Of criminal breach of trust - Of receiving stolen property - Of cheating - Of fraudulent deeds and dispositions of property - Of mischief - Of criminal trespass
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¶331.
(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.
Study: explanations and related material
Replaces IPC 453, IPC 454, IPC 455, IPC 456, IPC 457, IPC 458, IPC 459, IPC 460. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Punishment, bail and trial
331(1)Lurking house-trespass or house-breaking.
- Punishment
- Imprisonment for 2 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Any Magistrate
331(2)Lurking house-trespass or house-breaking by night.
- Punishment
- Imprisonment for 3 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Any Magistrate
331(3)Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment.
- Punishment
- Imprisonment for 3 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Any Magistrate
331(3)If the offence be theft.
- Punishment
- Imprisonment for 10 years.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Magistrate of the first class
331(4)Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment.
- Punishment
- Imprisonment for 5 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Any Magistrate
331(4)If the offence be theft.
- Punishment
- Imprisonment for 14 years.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Magistrate of the first class
331(5)Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc.
- Punishment
- Imprisonment for 10 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Magistrate of the first class
331(6)Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc.
- Punishment
- Imprisonment for 14 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Magistrate of the first class
331(7)Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
- Punishment
- Imprisonment for life, or imprisonment for 10 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Court of Session
331(8)Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc.
- Punishment
- Imprisonment for life, or imprisonment for 10 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Court of Session
Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 185. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 303. Theft
- 304. Snatching
- 305. Theft in a dwelling house, or means of transportation or place of worship, etc
- 306. Theft by clerk or servant of property in possession of master
- 307. Theft after preparation made for causing death, hurt or restraint in order to committing theft
- 308. Extortion
- 309. Robbery
- 310. Dacoity
- 311. Robbery, or dacoity, with attempt to cause death or grievous hurt
- 312. Attempt to commit robbery or dacoity when armed with a deadly weapon
- 313. Punishment for belonging to a gang of robbers, etc
- 314. Dishonest misappropriation of property
- 315. Dishonest misappropriation of property possessed by a deceased person at the time of his death
- 316. Criminal breach of trust
- 317. Stolen property
- 318. Cheating
- 319. Cheating by personation
- 320. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- 321. Dishonestly or fraudulently preventing debt being available for creditors
- 322. Dishonest or fraudulent execution of a deed of transfer containing false statement of consideration
- 323. Dishonest or fraudulent removal or concealment of property
- 324. Mischief
- 325. Mischief by killing or maiming an animal
- 326. Mischief by injury, inundation, fire or explosive substance, etc
- 327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
- 328. Punishment for intentionally running a vessel aground or ashore with intent to commit theft, etc
- 329. Criminal trespass and house-trespass
- 330. House-trespass and house-breaking
- 332. House-trespass in order to commit an offence
- 333. House-trespass after preparation for hurt, assault or wrongful restraint
- 334. Dishonestly breaking open a receptacle containing property