IPC 453 to BNS 331(1): Punishment for lurking house-trespass or house-breaking
Section 453 IPC (1860) replaced by Section 331(1) BNS (2023)
IPC 453 to BNS 331(1) at a Glance
Section 453 IPC (Punishment for lurking house-trespass or house-breaking) is now Section 331(1) BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 453 to BNS 331(1)?
Section 453 IPC corresponds to Section 331(1) BNS. Section 331 BNS consolidates the punishments for lurking house-trespass and house-breaking formerly spread across Section 453 to Section 460 IPC. The elements and the punishment of imprisonment of either description for up to two years and liability to fine remain unchanged.
IPC 453 vs BNS 331(1): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 453 | 331(1) |
| Offence | Punishment for lurking house-trespass or house-breaking | Same |
| Punishment | Imprisonment of either description for up to two years. | Same |
| Fine | The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 453 and BNS 331(1): Bare Act Text Side by Side
Section 453, IPC 1860
Section 331(1), BNS 2023
Ingredients: IPC 453 vs BNS 331(1)
- The accused committed house-trespass as defined in Section 442 IPC
- The accused took precautions to conceal such house-trespass from someone who had a right to exclude or eject them, constituting lurking house-trespass
- Alternatively, the accused committed house-breaking by effecting entrance or departure in one of the six ways specified in Section 445 IPC
- Commission of house-trespass as defined in Section 329(2) BNS
- Taking precautions to conceal the house-trespass as defined in Section 330(1) BNS
- Alternatively, effecting entry or exit through house-breaking as defined in Section 330(2) BNS
What IPC 453 to BNS 331(1) Means for Pending Cases
FAQs: IPC 453 to BNS 331(1)
What changed from Section 453 IPC to Section 331(1) BNS?▼
The offence and punishment are unchanged. Section 331(1) BNS reproduces Section 453 IPC as the first sub-section of a consolidated sentencing provision for lurking house-trespass and house-breaking.
Where does Section 453 IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 331(1) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.
Does Section 453 IPC or Section 331(1) BNS apply to an act done before 1 July 2024?▼
Section 453 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 453 IPC. Section 331(1) BNS governs acts done on or after 1 July 2024.
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 ·