IPC 459 to BNS 331(7): Grievous hurt caused whilst committing lurking house-trespass or house-breaking
Section 459 IPC (1860) replaced by Section 331(7) BNS (2023)
IPC 459 to BNS 331(7) at a Glance
Section 459 IPC (Grievous hurt caused whilst committing lurking house-trespass or house-breaking) is now Section 331(7) 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 459 to BNS 331(7)?
Section 459 IPC corresponds to Section 331(7) BNS. Section 331 BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The statutory punishment of imprisonment for life, or imprisonment of either description for a term extending up to ten years, alongside liability to fine, remains unchanged.
IPC 459 vs BNS 331(7): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 459 | 331(7) |
| Offence | Grievous hurt caused whilst committing lurking house-trespass or house-breaking | Same |
| Punishment | Imprisonment for life, or imprisonment of either description for a term which may extend to ten 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 | Court of Session | Same |
IPC 459 and BNS 331(7): Bare Act Text Side by Side
Section 459, IPC 1860
Section 331(7), BNS 2023
Ingredients: IPC 459 vs BNS 331(7)
- The accused was committing lurking house-trespass under Section 443 IPC or house-breaking under Section 445 IPC
- Whilst committing such trespass, the accused caused grievous hurt to any person, or attempted to cause death or grievous hurt to any person
- The injury caused or attempted constituted grievous hurt as defined under Section 320 IPC
- Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS
- Whilst committing such trespass, the offender causes grievous hurt or attempts to cause death or grievous hurt to any person
- Punishment of imprisonment for life, or imprisonment of either description for a term up to ten years, and liability to fine
What IPC 459 to BNS 331(7) Means for Pending Cases
FAQs: IPC 459 to BNS 331(7)
What changed from Section 459 IPC to Section 331(7) BNS?▼
The offence and penalties are unchanged. Section 331(7) BNS reproduces Section 459 IPC as the seventh sub-section of a consolidated provision governing house-trespass and house-breaking.
Where does Section 459 IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 331(7) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.
Does Section 459 IPC or Section 331(7) BNS apply to an act done before 1 July 2024?▼
Section 459 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 459 IPC. Section 331(7) 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 ·