Section 334 BNS – Section 334 of New Bharatiya Nyaya Sanhita

Section 334 BNS

Section 334 of the New Bharatiya Nyaya Sanhita (BNS) addresses the offense of dishonestly breaking open a receptacle that contains property. This section is part of Chapter XVII, which deals with offenses against property.

Key Provisions of Section 334 BNS

1. General Offense:
   • The section states that anyone who dishonestly or with the intent to commit mischief breaks open or unfastens any closed receptacle, which they believe contains property, is liable for punishment. The punishment can be imprisonment for up to two years, a fine, or both.
2. Breach of Trust:
   • It also specifies that if a person, entrusted with a closed receptacle, breaks it open without authority and with dishonest intent, they can face imprisonment for up to three years, a fine, or both.

This section mirrors similar provisions found in the Indian Penal Code (IPC), emphasizing the legal framework’s consistency in addressing property-related offenses.

What constitutes “dishonestly” under Section 334 BNS

Under Section 334 of the New Bharatiya Nyaya Sanhita (BNS), the term “dishonestly” is defined as performing an act with the intention of causing wrongful gain to one person or wrongful loss to another. This definition aligns with similar provisions in the Indian Penal Code (IPC) and emphasizes the intent behind the action as a critical factor in determining dishonesty.

Key Aspects of “Dishonestly” in Section 334 BNS

• Intent: The act must be done with a specific intention to gain something wrongfully or to cause a loss to another party.
• Context: In the context of Section 334, this would apply to situations where an individual breaks open a receptacle containing property either to misappropriate it or to cause harm to the rightful owner.

This definition underscores the legal focus on the mental state and purpose behind the act, rather than just the act itself.