BNS Section 331: Punishment For House-trespass and House-breaking

Offence

This section provides for two offences:

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 331.

Section 331 has been divided into eight subsections. Each subsection provides for house breaking committed under different conditions and circumstances. These conditions and circumstances can alter the seriousness of the offence and the punishment has been provided in accordance to that. Let us take a look at these subsections.

Subsection (1) defines punishment for the offence of lurking house-trespass or house-breaking as defined under Section 330.

Subsection (2) defines punishment for the offence of lurking house-trespass or house-breaking as defined under Section 330 when such offences have been committed after sunset and before sunrise. In other words it provides for trespassing committed during the dark hours of the day.

Subsection (3) defines punishment for the offence of lurking house-trespass or house-breaking as defined under Section 330 when such offences have been committed with the intention of committing a punishable offence on the property. The one condition for this subsection is that the intended offence has to be punishable by imprisonment for it to be punishable under this subsection.

For instance, A jumps a wall and enters B’s residential property. This amounts to trespass. Since A has concealed his entry into the property, it amounts to house breaking under Section 330. But in order for the house break to be punishable under Subsection (3), A has to commit a crime that is punishable by imprisonment. So if A commits theft, then A is punishable under the provisions of subsection (3). But if A commits a small offence, like urinating on the wall of the property, then it is not an offence punishable by imprisonment and hence is not punishable under subsection (3).

Subsection (4) defines punishment for the offence of lurking house-trespass or house-breaking as defined under Section 330 when such offences have been committed with the intention of committing an offence that is punishable by imprisonment and such offences have been committed after sunset and before sunrise. In other words, if a person commits a housebreak as defined in subsection (3) but does so during the dark hours of the day, then he or she shall be punishable under Subsection (4) instead of (3).

Subsection (5) defines punishment for the offence of lurking house-trespass or house-breaking as defined under Section 330 when such offences have been committed after making intentional preparations 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. In other words, if a person goes armed with weapons, or instructs any accomplice to restrain or hurt or threaten to hurt anyone who tries to intercept their house break or he himself has planned on dealing with any interceptor through physical assault or threat of physical assault is an offender under this subsection.

Subsection (6) defines punishment for the offence of lurking house-trespass or house-breaking as defined under Section 330 when such offences have been committed after sunset and before sunrise, and the trespasser has made preparations 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. In other words if the offence described under Subsection (5) is committed during the dark hours of the day, it shall be punishable under Subsection (6) instead of (5).

Subsection (7) defines punishment for the offence of causing grievous hurt to any person or attempts to cause death or grievous hurt to any person whilst committing lurking house-trespass or house-breaking as defined under Section 330. Grievous hurt refers to an injury or assault that could be fatal.

Subsection (8) defines the punishment for accomplices of any person who has committed an offence as described under subsection (7) during the dark hours of the day.

Punishment

Any person found guilty of lurking house trespassing or house breaking as defined in section 330 shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Any person found guilty of lurking house trespassing or house breaking as defined in section 330 shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Any person committing a housebreak in order to commit a crime that is punishable by 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.

Any person found guilty of committing lurking house trespass or housebreaking in order to commit an offence that is punishable by imprisonment, having committed such an act after sunset and before sunrise, 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.

Any person found guilty of committing housebreak, with plans or preparations to cause physical injury, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Any person found guilty of committing housebreak, with plans or preparations to cause physical injury, having committed such an act after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Any person who causes or attempts to cause any grievous hurt or death to any person in the process of housebreaking or trespassing 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.

If any person who causes or attempts to cause any grievous hurt or death to any person in the process of housebreaking or trespassing after sunset and before sunrise, then every person jointly concerned in committing such lurking house-trespass or house-breaking, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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

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.