BNS Section 334: Dishonestly Breaking Open Receptacle Containing Property

Definition of BNS Section 334

Section 334 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation and Illustration of Section 334

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

• Offence

  This section deals with a very specific kind of offence. It deals with persons gaining or attempting to gain unauthorised access to any receptacle or container that holds property belonging to someone else for dishonest or mischievous purposes. Unauthorised access to immovable property usually falls under the ambit of criminal trespass. Accessing movable property can fall under theft or misappropriation. However this section deals with the act of breaking open a receptacle to gain access to property.
  
  Here, by placing an object in a receptacle and securing it, the owner has expressed his intention to restrict access to the item being placed in the receptacle. By just breaking open the receptacle without the permission of the owner the offender has:
  
  1. Violated property rights of the owner
  2. Demonstrated dishonest or malicious intent
  3. Committed mischief that amounts to a criminal act
  
  So it is not the misappropriation of the property that is the crime. It is these above two offences that are provided for in this section. If the person breaks open the receptacle and seized or misappropriates the property within the receptacle, then he or she will be additionally charged under the respective sections that provide for those. But this section deals with breaking open a receptacle with dishonest intent or intent to commit mischief. This section has been divided into two subsections. Both define two different acts that amount to an offence under this section. Let us take a look:
  
  Subsection (1) states that any person who breaks open or unfastens a receptacle which may contain any property shall be considered an offender under this section if it is proven that he or she did so with the intent to commit mischief or pursue some other dishonest intentions. Mischief refers to performing any action that leads to any undue injury or damage to any persons or anyone’s property. Dishonest intention refers to performing an act with the intent of causing loss or damage to any person or property, out of self interests or out of malice.
  
  Subsection (2) provides for the act of breaking open or unfastening a receptacle without the permission of the owner with dishonest intent or intent to commit mischief, when the person committing such act has been entrusted with the safety or security of the receptacle. This offence is slightly more serious than the one defined in subsection (1) because apart from dishonest intention and intention to commit mischief, there is also criminal breach of trust. Criminal breach of trust involves breaking a promise or agreement made with a person primarily for the purpose of committing a dishonest or malicious act.

• Punishment

  Any person found guilty of breaching a receptacle, containing someone else’s property, with dishonest intent or intent to commit mischief shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
  
  Any person entrusted with the safekeeping of a receptacle containing any property is found to breach the property with dishonest intent or intent to commit mischief shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
  
  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.

• Illustration

  A finds an unattended box lying on a railway platform. Noticing no one to be around, he or she attempts to open the box to see what’s within. A has committed an offence under Section 334 (1).
  
  Z gives A a box, telling him to keep it safely as it contains something very valuable and asks him to keep it closed. A opens the box to see what’s inside. A has committed an offence under Section 334 (2).

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