IPC 446: House-breaking by night (Repealed)
Section 446 of IPC has been repealed and has no equivalent in BNS 2023.
What Happened to IPC 446?
Section 446 IPC has no direct counterpart in the Bharatiya Nyaya Sanhita and the official comparative layout lists it as deleted. Section 330(2) BNS keeps the definition of house-breaking itself, but the Sanhita has no separate definition of house-breaking by night. Instead, the words after sunset and before sunrise are written directly into the punishing provisions of Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS and Section 331(8) BNS. The conduct remains punishable, with Section 331(2) BNS prescribing imprisonment up to three years and liability to fine.
IPC 446 Is Repealed
Section 446 (House-breaking by night) of the Indian Penal Code, 1860 has been repealed and has no corresponding section in the Bharatiya Nyaya Sanhita, 2023.
Repealed. Section 446 IPC is deleted in the Bharatiya Nyaya Sanhita, which has no standalone definition of house-breaking by night. House-breaking at night is punished directly under Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS and Section 331(8) BNS.
What IPC 446 Means for Pending Cases
FAQs: IPC 446
What changed regarding Section 446 IPC under the BNS?▼
The Bharatiya Nyaya Sanhita contains no standalone definition of house-breaking by night, and the official comparative layout lists Section 446 IPC as deleted.
Where is house-breaking by night (Section 446 IPC) punished under the BNS?▼
It is punished directly under Section 331(2) BNS, Section 331(4) BNS, Section 331(6) BNS and Section 331(8) BNS, which write the words after sunset and before sunrise into the penalty provisions.
Which Code governs an act covered by Section 446 IPC and done before 1 July 2024?▼
The IPC applies. Under Section 358 BNS, the repeal of the IPC does not affect liability for offences committed before the Sanhita came into force.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·