IPC 461 to BNS 334(1): Dishonestly breaking open receptacle containing property
Section 461 IPC (1860) replaced by Section 334(1) BNS (2023)
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
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 461 | 334(1) |
| Offence | Dishonestly breaking open receptacle containing property | Same |
| Punishment | Imprisonment of either description for a term which may extend to two years | Same |
| Fine | The court may impose a fine instead of imprisonment, or both. The statute does not fix a maximum fine. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 461 and BNS 334(1): Bare Act Text Side by Side
Section 461, IPC 1860
Section 334(1), BNS 2023
Ingredients: IPC 461 vs BNS 334(1)
- The accused broke open or unfastened a closed receptacle
- The receptacle contained property, or the accused believed it to contain property
- The act was done dishonestly, or with intent to commit mischief
- Breaking open or unfastening any closed receptacle
- The receptacle contains property, or the offender believes it to contain property
- The act is done dishonestly or with intent to commit mischief
- 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
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 ·