Section 332 – Bharatiya Nyaya Sanhita (BNS) – House-Trespass In Order To Commit Offence.

Code: Section 332 BNS

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.

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Explanation of Section 332 BNS

Section 332 BNS deals with the punishment for house-trespass committed with the intent to commit another offence. It emphasizes the severity of the punishment based on:

• The nature of the intended crime (e.g., death penalty, life imprisonment, or lesser punishment).
• The specific offence (e.g., theft has a higher punishment if intended).

The section also provides flexibility to impose stricter penalties in cases of theft due to its high societal impact.

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Illustrations

1. Example 1: Intent to Commit a Capital Crime
   • Scenario: A breaks into a house intending to commit murder, a crime punishable with death.
   • Punishment: Life imprisonment or rigorous imprisonment up to 10 years + fine.
2. Example 2: Intent to Commit Life-Imprisonment Offence
   • Scenario: B breaks into a house intending to commit kidnapping, punishable with life imprisonment.
   • Punishment: Imprisonment up to 10 years + fine.
3. Example 3: Intent to Commit Theft
   • Scenario: C breaks into a house intending to steal valuable items.
   • Punishment: Imprisonment up to 7 years + fine.
4. Example 4: Lesser Offence (Non-Serious Crime)
   • Scenario: D breaks into a house intending to damage property, a crime punishable with imprisonment.
   • Punishment: Imprisonment up to 2 years + fine.

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Common Questions and Answers on Section 332 BNS

1. What is the punishment if the intended crime is punishable by death?

• Answer: Life imprisonment or rigorous imprisonment for up to 10 years + fine.

2. Does the law treat theft differently in this section?

• Answer: Yes, if the intended crime is theft, the imprisonment can be extended up to 7 years.

3. What if the house-trespass is committed without actually committing the intended offence?

• Answer: The punishment applies as long as the intent to commit a crime was present, even if the crime wasn’t completed.

4. Can a person be punished under both Section 332 and the offence they intended to commit?

• Answer: Yes, a person can face separate charges for house-trespass and the intended offence.

5. Is the punishment the same for all types of intended crimes?

• Answer: No, the punishment varies based on the severity of the intended crime, with harsher penalties for more serious crimes.

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Conclusion

Section 332 BNS ensures that individuals committing house-trespass with criminal intent face penalties proportional to the seriousness of the intended crime. The law acts as a deterrent against planning and attempting crimes, even if they are not successfully carried out.

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