Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 331: Punishment for House-Trespass or House-Breaking
(1) Whoever commits lurking house-trespass or house-breaking shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking with the intention of committing any offence punishable with 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 imprisonment may extend to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise with the intention of committing any offence punishable with imprisonment 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 imprisonment may extend to fourteen years.
(5) Whoever commits lurking house-trespass or house-breaking, having made preparation for causing hurt, assaulting, wrongfully restraining, or putting any person in fear of hurt, assault, or wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt, assaulting, wrongfully restraining, or putting any person in fear of hurt, assault, or wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
(7) Whoever, while committing lurking house-trespass or house-breaking, causes grievous hurt or attempts to cause death or grievous hurt to any person, shall 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.
(8) If, at the time of committing lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person involved in committing such lurking house-trespass or house-breaking shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Brief Detail
BNS Section 331 outlines the punishments for various forms of house-trespass or house-breaking, specifying the severity of penalties based on the circumstances and intent, such as the time of day and preparations for or commission of further offences.
Question & Answers
Q1: What is the punishment for lurking house-trespass or house-breaking under Section 331?
A1: The punishment for lurking house-trespass or house-breaking can extend up to two years of imprisonment and may include a fine.
Q2: What is the penalty for house-trespass committed at night under Section 331?
A2: House-trespass or house-breaking committed after sunset and before sunrise can result in imprisonment of up to three years, along with a fine. If done with the intent to commit theft, the imprisonment may extend to fourteen years.
Q3: What happens if someone causes grievous hurt during house-trespass?
A3: If someone causes grievous hurt or attempts to cause death or grievous hurt during house-trespass, they may be sentenced to life imprisonment or imprisonment of up to ten years, along with a fine.
Q4: How is the punishment increased for house-breaking if hurt or assault is intended?
A4: If house-breaking is committed with preparations for causing hurt or assault, the punishment may extend to ten years of imprisonment, and fourteen years if the crime occurs at night.
Example
Example Scenario:
If A commits house-breaking at night and prepares to assault Z, the punishment could extend up to fourteen years of imprisonment under Section 331.
Summary
BNS Section 331 prescribes increasing levels of punishment for house-trespass or house-breaking depending on the time of the offence, the intent to commit further offences, and whether harm or assault was involved. These penalties are aimed at deterring serious crimes related to unlawful entry into homes.
