Code: Section 331 BNS
(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.
Explanation of Section 331 BNS
Section 331 BNS outlines the punishments for various types of house-trespass and house-breaking. The section distinguishes the severity of the punishment based on factors such as:
- Time of the offence (day or night).
- Intention behind the act (simple trespass vs. intent to commit another crime like theft).
- Use of violence or preparation to cause harm.
- Outcome of the crime, such as causing grievous hurt or death.
The law imposes graduated punishments to reflect the gravity of the offence, ensuring that serious offences receive proportionally harsher penalties.
Illustrations
- Example 1: Basic House-Trespass
- Scenario: A person unlawfully enters an empty house without causing any harm or intending to commit a crime.
- Punishment: Imprisonment for up to 2 years + fine.
- Example 2: House-Breaking at Night
- Scenario: A person breaks into a house after sunset intending to commit theft.
- Punishment: Imprisonment up to 5 years + fine (up to 14 years if theft is committed).
- Example 3: Preparing to Cause Harm
- Scenario: A person breaks into a house with a weapon, intending to rob and harm the occupants.
- Punishment: Imprisonment up to 14 years + fine.
- Example 4: Causing Grievous Hurt During the Crime
- Scenario: During a house-breaking, the offender injures a resident severely.
- Punishment: Life imprisonment or up to 10 years + fine.
- Example 5: Group Involvement in a Violent Crime
- Scenario: A group of individuals commit house-breaking after sunset, causing death to a resident.
- Punishment: Life imprisonment or up to 10 years + fine (for all involved).
Common Questions and Answers on Section 331 BNS
1. What is the difference in punishment for house-trespass during the day and night?
- Answer: Offences committed after sunset and before sunrise carry stricter punishments, with imprisonment extending up to 14 years for theft-related crimes.
2. Can someone be punished if they only intended to commit an offence but didn’t succeed?
- Answer: Yes, if the intent was to commit an offence punishable with imprisonment, the punishment applies even if the crime wasn’t completed.
3. Is there a harsher penalty if grievous hurt is caused?
- Answer: Yes, causing grievous hurt during house-breaking can lead to life imprisonment or up to 10 years’ imprisonment.
4. What happens if multiple people are involved in the offence?
- Answer: All individuals involved can be punished jointly, especially if the crime occurred after sunset or involved causing grievous hurt or death.
5. Does the law differentiate between theft and other crimes during house-breaking?
- Answer: Yes, the punishment is harsher for house-breaking with the intent to commit theft, especially if it occurs at night.
Conclusion
Section 331 BNS ensures that the severity of the punishment matches the seriousness of the house-trespass or house-breaking. It considers the time of the crime, the criminal intent, and any harm caused to determine the appropriate legal consequences.
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