Section 330 BNS: House-trespass and house-breaking

Bare Act Text

(1) Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.

Explained in Simple Words

Key Ingredients

• Commission of house-trespass in a building, tent or vessel under Section 329 BNS
• Taking precautions to conceal such house-trespass
• Precautions taken to conceal the house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass

Punishment

🔒 None. Section 330(1) BNS defines lurking house-trespass and prescribes no punishment. Substantive offences and punishments are provided under Section 331 BNS and subsequent sections.

💰 None. Section 330(1) BNS prescribes no fine.

Section 330(1) BNS is a definition provision that does not prescribe a penalty. Punishments for lurking house-trespass are enacted in Section 331 BNS and related provisions.

Real-World Example

When This Does Not Apply

• A person enters a building, tent or vessel openly in broad daylight without taking any precautions to conceal the entry or presence
• The trespass was committed on open land or fields rather than in a building, tent or vessel used as a human dwelling, a place of worship or a place for the custody of property
• Precautions to hide were directed solely against passers-by or strangers who have no lawful right to exclude or eject the trespasser from the property

Bare Act Text

(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely:—

(a) if he enters or quits through a passage made by himself, or by any abettor of the housetrespass, in order to the committing of the house-trespass;

(b) if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;

(c) if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened;

(d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass;

(e) if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;

(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation.

Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations.

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.

(d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.

(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits housetrespass by entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

Explained in Simple Words

Key Ingredients

• There is house-trespass into a house or part of it
• The person effects entry in one of the six stated ways, or quits in one of those ways after entering for an offence or after committing one
• Entry or exit may be through a passage made by the person or an abettor for committing the house-trespass, or opened by means not intended by the occupier
• Entry or exit may be through a passage not intended for human entrance, or by scaling or climbing over a wall or building
• Entry or exit may be by opening a lock, by criminal force or assault or threat of assault, or through a fastened passage unfastened by the person or an abettor

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

This sub-section defines the offence of house-breaking by setting out the six ways of entering or quitting a house during house-trespass and prescribes no punishment itself.

Real-World Example

When This Does Not Apply

• A person enters a house through the normal front door with the occupier’s permission
• A person is inside the house lawfully and does not enter or leave in any of the six stated ways
• A person merely stands outside the house or on the street without committing house-trespass
• A person enters openly through an ordinary entrance without scaling, forcing, opening a lock, using assault, or using a fastened passage unfastened by him or an abettor