BNS 331 — Punishment for house-trespass or house-breaking.

Bharatiya Nyaya Sanhita, 2023

Statutory text

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.

House-trespass in order to commit offence.

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