BNS Section 332: House-trespass In Order To Commit Offence

Definition of BNS Section 332

Section 332 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

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.

Explanation and Illustration of BNS Section 332

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 for the purpose of committing offence. Let us break down the section to get a better understanding of it.

• Offence

  Trespass is the act of entering a private or restricted property without permission or authorisation.
  
  Criminal trespass is when a person commits trespass with the intention of committing a crime or assaulting the owner, physically, mentally or verbally.
  
  House trespass is when someone commits criminal trespass 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.
  
  Section 332 deals with house trespass committed for the purpose of committing a crime. House trespass with the intent to commit crime has already been provided for under Sections 331 (3) & (4). Section 332 also provides for housebreak committed with the intention of committing offence but deals with certain specific kinds of offences. If house break has been committed with the intention of committing an offence specified under section 332, then it shall be punishable under this section and not 331 (3) or (4).
  
  This section has been divided into three clauses for the different offences. Let us take a look.
  
  Clause (a) provides for housebreak committed for the purpose of committing a crime that is 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;
  
  Clause (b) provides for housebreak committed for the purpose of committing a crime that is 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;
  
  Clause (c) provides for a housebreak committed for the purpose of committing a crime that is 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.

• Punishment

  Any person found guilty of committing housebreak for the purpose of committing a crime that is 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;
  
  Any person found guilty of committing housebreak for the purpose of committing a crime that is 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;
  
  Any person found guilty of committing housebreak for the purpose of committing a crime that is 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.
  
  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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