BNS Section 333: House-Trespass After Preparation For Hurt, Assault Or Wrongful Restraint
Section 333 falls under Chapter 17 of the Bharatiya Nyay Sanhita (BNS). Chapter 17 covers offences against property. Each section under this chapter deals with different offences related to various property related crimes. Section specifically deals with house trespass with preparation to cause physical harm. Let us take a closer look at its provisions.
Definition of BNS Section 333
Section 333 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever commits house-trespass, having made preparation 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, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation and Illustration of Section 333 (Bharatiya Nyaya Sanhita, 2023)
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 with preparation to cause physical harm. 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
1. any space used as a human dwelling.
2. any building used as a place for worship.
3. any building used as a place for the custody of property.
Section 333 deals with house trespass committed with preparation of
1. Causing or threatening to hurt to any person or
2. Causing or threatening to assaulting any person, or
3. Causing or threatening to wrongfully restraining any person
For instance, 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 then such person is an offender under this subsection.
Punishment
Any person found guilty of committing housebreak with preparation to cause physical harm shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
1. The offender is forced or coerced into performing the offence
2. 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.
Key Points in BNS Section 333
This section deals with: House-trespass after preparation for hurt, assault or wrongful restraint.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 333 of BNS 2023 and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 333 of BNS replaces Section 333 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 333 | House-trespass after preparation for hurt, assault or wrongful restraint. | 452 | No change in provision for offence |
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FAQs about Section 333 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 333 state about trespass with preparation for violence?
Any person committing house trespass while being armed or prepared to cause hurt or grievous injury in the course of the trespass shall be considered an offender under this section.
What are the penalties for house-trespass with preparation for hurt or assault?
Any person found guilty of committing housebreak with preparation to cause physical harm shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
How is "preparation" proven in such cases?
If the person if found armed with any kind of instrument or object capable of causing injury, then it shall be considered as ‘preparation’ under this section.
Can self-defense negate charges under this section?
No. Self defense if a momentary thing. This section does not define offence based on the act of violence that takes place during a house trespass. The moment a person arms himself or prepares to encounter any obstacle with violence he or she shall be considered an offender under this section whether he or she actually carries out any violence or not.
What should victims do if they face such incidents?
Any person aware of such incidents must report the same to the police authorities almost immediately.
