Code: Section 330 BNS
(1) 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.
(2) A person is said to commit house-breaking who commits house-trespass if he
effects his entrance into the house or any part of it in any of the six ways hereinafter
described; or if, being in the house or any part of it for the purpose of committing an offence,
or having committed an offence therein, he quits the house or any part of it in any of the
following ways, namely:––
(a) if he enters or quits through a passage made by himself, or by any abettor of
the house-trespass, in order to the committing of the house-trespass;
(b) if he enters or quits through any passage not intended by any person, other
than himself or an abettor of the offence, for human entrance; or through any passage
to which he has obtained access by scaling or climbing over any wall or building;
(c) if he enters or quits through any passage which he or any abettor of the
house-trespass has opened, in order to the committing of the house-trespass by any
means by which that passage was not intended by the occupier of the house to be
opened;
(d) if he enters or quits by opening any lock in order to the committing of the
house-trespass, or in order to the quitting of the house after a house-trespass;
(e) if he effects his entrance or departure by using criminal force or committing
an assault, or by threatening any person with assault;
(f) if he enters or quits by any passage which he knows to have been fastened
against such entrance or departure, and to have been unfastened by himself or by an
abettor of the house-trespass.
Explanation.—Any out-house or building occupied with a house, and between which
and such house there is an immediate internal communication, is part of the house within the
meaning of this section.
Illustrations.
(a) A commits house-trespass by making a hole through the wall of Z’s house, and
putting his hand through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole between decks.
This is house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is
house-breaking.
(d) A commits house-trespass by entering Z’s house through the door, having opened
a door which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z’s house through the door, having lifted a
latch by putting a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by
entering Z’s house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits
house-trespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by
entering the house, having deterred Z from opposing him by threatening to beat him. This is
house-breaking.
Explanation of Section 330 BNS
Section 330 of the BNS defines two key offences related to unlawful entry into properties:
- Lurking House-Trespass: This refers to trespass carried out discreetly to avoid detection, especially from someone with the authority to evict the trespasser.
- House-Breaking: This involves forceful or deceptive entry into a property with the intent to commit an offence. It includes a range of actions such as:
- Entering through unauthorized passages.
- Breaking locks or barriers.
- Using criminal force or threats to gain entry.
This section is crucial for protecting property rights, detailing both the methods of illegal entry and the legal consequences for such actions.
Illustrations
- Example 1: Lurking House-Trespass
- Scenario: A person enters a house quietly at night, avoiding detection from the homeowner who has the right to evict trespassers. This constitutes lurking house-trespass.
- Example 2: House-Breaking via Force
- Scenario: A person breaks the door lock of a house to commit theft. This act falls under house-breaking as defined in Section 330.
- Example 3: Unauthorized Entry via Scaling Walls
- Scenario: Someone climbs over a wall to enter a property without the owner’s consent. This is considered house-breaking.
Common Questions and Answers on Section 330 BNS
1. What is the difference between house-trespass and house-breaking?
- Answer: House-trespass involves unlawfully entering someone’s property without force, while house-breaking involves forceful or deceptive entry, such as breaking locks, scaling walls, or using threats.
2. Can someone be charged with house-breaking if they have permission from the property owner?
- Answer: No, permission from the property owner nullifies the offence. The law applies only to unauthorized entry.
3. What is meant by ‘lurking house-trespass’?
- Answer: Lurking house-trespass refers to secretly entering a property to avoid detection by someone with the right to evict the trespasser.
4. Are out-houses considered part of the house under this section?
- Answer: Yes, any out-house with immediate internal communication with the main house is considered part of the house under Section 330.
5. What are the penalties for house-breaking under this section?
- Answer: Penalties vary depending on the offence committed during house-breaking, such as theft or assault, and are determined under the relevant sections of the BNS.
Conclusion
Section 330 BNS plays a pivotal role in safeguarding property rights by clearly defining house-trespass and house-breaking. It not only delineates the actions that constitute these offences but also sets the legal framework for prosecution and punishment.
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