Section 331 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of house-trespass and house-breaking, detailing various punishments based on the circumstances of the crime. This section is part of Chapter XVII, which deals with offenses against property.
Key Provisions of Section 331 BNS
- General Punishment: Lurking house-trespass or house-breaking is punishable by imprisonment for up to two years and/or a fine.
- Nighttime Offenses:If the offense occurs after sunset and before sunrise, the punishment increases to up to three years of imprisonment and/or a fine.
- Intent to Commit Further Crimes:If the house-trespass or house-breaking is intended to facilitate another crime, the punishment can extend to three years if the intended crime is punishable by imprisonment. If the intended crime is theft, the term may extend to ten years.
- Preparation for Violence: If the offender prepares to cause harm or to assault someone, the punishment can be up to ten years of imprisonment. If this occurs at night, the punishment may extend to fourteen years.
- Causing Grievous Hurt: If the offender causes grievous hurt or attempts to kill while committing the offense, they face a punishment of life imprisonment or imprisonment for up to ten years.
- Joint Liability: If multiple individuals are involved in a nighttime offense that results in grievous hurt or death, all can be punished with life imprisonment or up to ten years
This section aims to deter house-trespass and house-breaking, particularly during nighttime, by imposing significant penalties based on the severity and circumstances of the crime.
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