BNS Section 330: House-trespass And House-breaking

Definition of BNS Section 330

Section 330 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(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 and Illustration of Section 330

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of house trespass and house breaking. Let us break down the section to get a better understanding of it.

• Offence

  This section provides for two offences:

  • House trespass
  • House breaking

• These two offences have actually been covered over two sections, that is, Section 330 and 331. Section 330 very specifically defines these two offences and what are the various acts that fall under these two. Section 331 defines the punishment for these offences. Here, we will be looking at Section 330.
  
  Section 330 has been divided into two subsections. The first subsection defines house trespassing. The second subsection defines house breaking. Let us take a look.
  
  Section 329 of the BNS has already defined criminal trespassing as entering a private a restricted property without permission in order to:
  
  commit a crime
  threaten the owner
  
  Criminal trespass becomes house trespass if it is done in:
  
  any space used as a human dwelling.
  any building used as a place for worship.
  any building used as a place for the custody of property
  
  Subsection (1) states that when a person commits house-trespass by sneaking into the property and taking measures to conceal their presence from the owners or the persons in possession of the property, then it is called lurking house trespass and shall be considered an offence under Section 330 and not under Section 329.
  
  In other words, if a person commits criminal trespass while the owner is aware, then it shall be house trespass under Section 329. But if a person commits criminal trespass while making sure that the owner does not detect their trespass, it shall be known as lurking house trespass and prosecuted under the provisions of Section 330.
  
  For instance, A barges into B’s residence in B’s presence and threatens him. A has committed house trespass under Section 329.
  
  A enters B’s property when B is away to take a look at some private documents in B’s possession. A has committed lurking house trespass under Section 330.
  
  Subsection (2) defines house breaking as an act of house-trespass performed by:
  
  (a) entering or leaving the property through a passage made by him or her in order to perform the trespass, or with the help of any person who has access to the property. For instance digging an underground tunnel into the property or cutting a hole in the fence of the property.
  
  (b) entering or leaving the property through any passage that is not intended for human use but has been fashioned in such a manner by the person committing the trespass or any person with access to the property who is helping the trespasser, solely for the purpose of committing the house trespass. For instance entering the house through a window or a chimney.
  
  (c) entering or leaving a property by strategically disabling the locks or the barriers to a passage in the building in advance solely for the purpose of performing the house trespass.
  
  (d) entering or leaving a property by picking a lock in order to the committing of the house-trespass
  
  (e) entering or leaving the property by using criminal force or committing an assault, or by threatening any person with assault;
  
  (f) entering or leaving a property by countering any measures taken by the owner of the property to seal the points of access to the property.
  
  All these actions and counteractions have to performed by the trespasser or any person who is in collusion with the trespasser in order for them to be considered house breaking. If a person simply takes advantage of an open access point to enter or exit the property, then it amounts to house trespass and not house breaking.
  
  It further explains that any building or structure that may not necessarily be a house but is within the same premises as the house and has a direct line of communication with the residential part of the premises shall also be considered a part of the house for the purpose of this section. And if any person performs a criminal trespass into these structures, then it shall also be considered as house trespass or house breaking, depending on the facts of the case.
  
  Let us look at some illustrations to get a better understanding.
  
  (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.
  
  This meets the definition of house breaking under subsection (2) (a) where the trespasser has created a passage solely for the purpose of trespassing.
  
  (b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
  
  This meets the definition of house breaking under subsection (2) (b) where the trespasser has used a passage that is not meant for human entrance.
  
  (c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.
  
  This meets the definition of house breaking under subsection (2) (b) where the trespasser has used a passage that is not meant for human entrance.
  
  (d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking.
  
  This meets the definition of house breaking under subsection (2) (c) where the trespasser has unfastened a bolted door in advance for the purpose of 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.
  
  This meets the definition of house breaking under subsection (2) (d) where the trespasser has picked a lock to gain access to the property.
  
  (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.
  
  This meets the definition of house breaking under subsection (2) (f) where the trespasser has counteracted Z’s measures to secure access to the property by finding a key and unlocking the door.
  
  (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.
  
  This meets the definition of house breaking under subsection (2) (e) where the trespasser has committed assault in order to commit housebreaking.
  
  (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.
  
  This meets the definition of house breaking under subsection (2) (e) where the trespasser has threatened to commit assault in order to commit house breaking.

• Punishment

  Punishment for the offences defined under Section 330 have been provided for in Section 331.

• The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.

• However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

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