IPC 461→BNS 334(1)

IPC 461 to BNS 334(1): Dishonestly breaking open receptacle containing property

Section 461 IPC (1860) replaced by Section 334(1) BNS (2023)

View IPC Section 461 →View BNS Section 334(1) →

IPC 461 to BNS 334(1) at a Glance

Section 461 IPC (Dishonestly breaking open receptacle containing property) is now Section 334(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 461 to BNS 334(1)?

Sections 461 and 462 IPC are consolidated in Section 334 BNS. Section 461 IPC corresponds to Section 334(1) BNS. The statutory elements, the term of imprisonment of either description up to two years, and the option of fine or both remain unchanged.

IPC 461 vs BNS 334(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section461334(1)
OffenceDishonestly breaking open receptacle containing propertySame
PunishmentImprisonment of either description for a term which may extend to two yearsSame
FineThe court may impose a fine instead of imprisonment, or both. The statute does not fix a maximum fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 461 and BNS 334(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 461, IPC 1860

461. Dishonestly breaking open receptacle containing property.—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.
BNS 2023 (in force)

Section 334(1), BNS 2023

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.

Ingredients: IPC 461 vs BNS 334(1)

Under IPC 461
  1. The accused broke open or unfastened a closed receptacle
  2. The receptacle contained property, or the accused believed it to contain property
  3. The act was done dishonestly, or with intent to commit mischief
Under BNS 334(1)
  1. Breaking open or unfastening any closed receptacle
  2. The receptacle contains property, or the offender believes it to contain property
  3. The act is done dishonestly or with intent to commit mischief
  4. Punishment of imprisonment of either description for a term up to two years, or fine, or both

What IPC 461 to BNS 334(1) Means for Pending Cases

For Section 461 IPC (now Section 334(1) BNS): under Section 334(1) BNS, the elements and penalties remain unchanged from Section 461 IPC. A charge for an act done after the BNS came into force cites Section 334(1) BNS.

FAQs: IPC 461 to BNS 334(1)

What changed from Section 461 IPC to Section 334(1) BNS?▼

The offence and penalties are unchanged. Section 334(1) BNS reproduces Section 461 IPC as the first sub-section of a consolidated provision governing breaking open receptacles.

Where does Section 461 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 334(1) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 461 IPC or Section 334(1) BNS apply to an act done before 1 July 2024?▼

Section 461 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 461 IPC. Section 334(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 ·