Section 331 BNS: Punishment for house-trespass or house-breaking

Bharatiya Nyaya Sanhita, 2023

Section 331 BNS at a Glance

Section 331 BNS deals with punishment for house-trespass or house-breaking. It is non-bailable and cognizable; it replaced Sections 453, 443, 454, 457 and 460 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 453 →

Section 331 BNS Bare Act Text

(1) Whoever commits lurking housetrespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.

(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Source: Section 331, Bharatiya Nyaya Sanhita, 2023

Section 331 BNS in the IPC (Previous Law)

Section 331 BNS replaced Sections 453, 443, 454, 457 and 460 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 331 BNS

What is the punishment under Section 331(1) BNS?▼

Under Section 331(1) BNS, whoever commits lurking house-trespass or house-breaking shall be punished with imprisonment of either description for a term that may extend to two years. The offender shall also be liable to fine.

What offences are covered by Section 331(1) BNS?▼

Section 331(1) BNS covers both lurking house-trespass and house-breaking. Both offences carry the same punishment of imprisonment of either description for up to two years and liability to fine under this sub-section.

Is a fine mandatory for a conviction under Section 331(1) BNS?▼

No, a fine is not mandatory under Section 331(1) BNS. The provision states that the offender shall be punished with imprisonment of either description for up to two years and shall also be liable to fine, leaving the imposition of a fine to the court's discretion.

Does Section 331(1) BNS apply if the lurking house-trespass or house-breaking happens at night?▼

Section 331(1) BNS sets the general punishment for lurking house-trespass or house-breaking without specifying the time of day. When the act is committed after sunset and before sunrise, Section 331(2) BNS prescribes a higher punishment of imprisonment up to three years and liability to fine.

What does Section 331(2) of the BNS punish?▼

Section 331(2) BNS punishes lurking house-trespass or house-breaking when it is committed after sunset and before sunrise. The punishment can extend to 3 years' imprisonment of either description, and fine may also be imposed.

What has to be proved for a case under Section 331(2) BNS?▼

The prosecution must show that the act was lurking house-trespass or house-breaking, and that it happened after sunset and before sunrise. This sub-section is specifically about the timing of the act at night.

What is the punishment for house-breaking at night under Section 331(2) BNS?▼

The punishment under Section 331(2) BNS is imprisonment of either description for a term which may extend to 3 years, along with liability to fine. The exact sentence depends on the facts proved in the case.

How is Section 331(2) BNS different from ordinary house-breaking?▼

Section 331(1) BNS covers lurking house-trespass or house-breaking generally and allows imprisonment of either description up to 2 years and liability to fine. Section 331(2) BNS applies when the same act is done after sunset and before sunrise, and the maximum imprisonment goes up to 3 years along with liability to fine.

What is the main difference between simple trespass and the offence under Section 331(3) BNS?▼

Simple trespass is only unlawful entry. Under this section, the entry must be linked to an intention to commit another offence that is punishable with imprisonment. That extra criminal intent makes the offence more serious.

Under Section 331(3) BNS, does the prosecution have to prove the intended offence was actually committed?▼

No. The law focuses on the intention at the time of entry. If the accused entered with the required criminal purpose, the offence can be made out even if the planned offence was not completed.

Is the offence under Section 331(3) BNS bailable?▼

No. Lurking house-trespass or house-breaking under this section is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides on the facts of the case.

Can Section 331(3) BNS apply to a shop or office?▼

Yes, if the place falls within the legal meaning of a building, tent, or vessel used for dwelling, property custody, or certain other protected uses. The exact facts matter, especially the nature of the premises and the manner of entry.

Does Section 331(4) BNS require theft to actually happen?▼

No. The prosecution only needs to prove that the accused committed night house-breaking with the intention to commit an offence inside. The intended offence may be theft, assault, or another offence.

What counts as night for the offence under Section 331(4) BNS?▼

Night means the period after sunset and before sunrise. The exact timing will depend on the facts and local sunset and sunrise times on that day.

Is the offence under Section 331(4) BNS bailable?▼

No, it is generally treated as a non-bailable offence. Bail is still possible, but it depends on the facts, the court, and the stage of the case.

Why is Section 331(4) BNS used so often in burglary cases?▼

Because it covers forced entry at night, which is viewed more seriously by law. Police often invoke it when there is evidence of break-in into a house, shop, or godown during night hours.

What does Section 331(5) of the BNS cover?▼

Section 331(5) BNS covers lurking house-trespass or house-breaking where the person has already made preparation to cause hurt, assault someone, wrongfully restrain someone, or put a person in fear of hurt, assault, or wrongful restraint. It is not just about entering a house unlawfully. The added element is prior preparation connected with violence, restraint, or fear.

What has to be proved under Section 331(5) BNS?▼

The prosecution must show that the person committed lurking house-trespass or house-breaking, and had made preparation for causing hurt, assault, wrongful restraint, or fear of these acts. The wording of the section focuses on preparation for these acts, not only on whether hurt was actually caused. If actual grievous hurt or an attempt to cause death or grievous hurt happened during the act, Section 331(7) BNS separately deals with that situation.

What is the punishment under Section 331(5) of the Bharatiya Nyaya Sanhita?▼

Section 331(5) BNS prescribes imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine. The section gives the maximum punishment in the text. The exact sentence in a case depends on the facts proved before the court.

How is Section 331(5) BNS different from Section 331(6) BNS?▼

Section 331(5) BNS applies when lurking house-trespass or house-breaking is committed with preparation for hurt, assault, wrongful restraint, or fear of these acts. Section 331(6) BNS deals with the same kind of preparation, but specifically when the act happens after sunset and before sunrise. Under Section 331(6) BNS, the punishment may extend to fourteen years and liability to fine.

What does Section 331(6) of the Bharatiya Nyaya Sanhita cover?▼

Section 331(6) BNS covers lurking house-trespass or house-breaking done after sunset and before sunrise, where the person had already made preparation to cause hurt, assault, wrongful restraint, or fear of these acts. In simple words, it applies to night-time house-trespass or house-breaking with prior preparation to use violence or threats. The punishment can extend to fourteen years, and the offender is also liable to fine.

What has to be proved under Section 331(6) BNS?▼

The prosecution must show that there was lurking house-trespass or house-breaking, that it happened after sunset and before sunrise, and that there was preparation beforehand for causing hurt, assault, wrongful restraint, or fear of these acts. The text focuses on preparation for such violence or intimidation, not only on what finally happened. If these elements are proved, Section 331(6) BNS can apply.

Under Section 331(6) BNS, what is the punishment for house-breaking at night with preparation to hurt someone?▼

Under Section 331(6) BNS, the punishment is imprisonment of either description for a term which may extend to fourteen years, and the offender shall also be liable to fine. This applies when lurking house-trespass or house-breaking is committed after sunset and before sunrise with preparation for hurt, assault, wrongful restraint, or fear of these acts.

How is Section 331(6) BNS different from ordinary house-breaking?▼

Ordinary lurking house-trespass or house-breaking is dealt with in Section 331(1) BNS, which provides punishment up to two years and liability to fine. Section 331(6) BNS is more serious because it specifically concerns night-time house-trespass or house-breaking after preparation for violence, restraint, or threats. Because of these added elements, the maximum punishment goes up to fourteen years and liability to fine.

What does Section 331(7) of the BNS cover?▼

Section 331(7) BNS covers a situation where, while committing lurking house-trespass or house-breaking, a person causes grievous hurt to someone, or attempts to cause death or grievous hurt. It is not about simple entry alone. This clause applies when the trespass or house-breaking is accompanied by that serious violence or attempt.

What must the police or court prove under Section 331(7) BNS?▼

They must prove that lurking house-trespass or house-breaking was being committed, and during that act the accused either caused grievous hurt or attempted to cause death or grievous hurt to a person. The link between the house-trespass or house-breaking and the violence is part of the section. The exact facts and evidence will decide whether this clause applies.

What is the punishment under Section 331(7) of the Bharatiya Nyaya Sanhita?▼

The punishment written in Section 331(7) BNS is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and liability to fine. The court can choose between life imprisonment and a lesser term up to ten years, depending on the facts proved. Fine can also be added.

How is Section 331(7) different from ordinary house-breaking under the BNS?▼

Ordinary lurking house-trespass or house-breaking under Section 331(1) BNS is punished up to two years and liability to fine. Section 331(7) is much more serious because it applies when grievous hurt is caused, or there is an attempt to cause death or grievous hurt while committing the house-trespass or house-breaking. So the difference is the added violence or attempt, and the punishment is much higher.

What does Section 331(8) of the BNS cover?▼

Section 331(8) BNS applies when lurking house-trespass or house-breaking is committed after sunset and before sunrise, and at that time any person involved voluntarily causes or attempts to cause death or grievous hurt. In that situation, every person jointly concerned in committing that night-time house-trespass or house-breaking can be punished under this sub-section.

What has to be proved under Section 331(8) BNS?▼

The text requires proof that there was lurking house-trespass or house-breaking after sunset and before sunrise. It also requires that, at that time, a person guilty of that offence voluntarily caused or attempted to cause death or grievous hurt, and that the accused was jointly concerned in committing that house-trespass or house-breaking.

Is Section 331(8) BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment under Section 331(8) of the Bharatiya Nyaya Sanhita?▼

The punishment stated in Section 331(8) BNS is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and also fine. The exact sentence depends on the facts proved in the case.

How is Section 331(8) BNS different from Section 331(7) BNS?▼

Section 331(7) BNS speaks of a person who, while committing lurking house-trespass or house-breaking, causes grievous hurt or attempts to cause death or grievous hurt. Section 331(8) BNS specifically applies to house-trespass or house-breaking after sunset and before sunrise, and it extends liability to every person jointly concerned if any one of them voluntarily causes or attempts to cause death or grievous hurt.

Section 331 BNS: Sub-sections Explained

Section 331(1) BNS: Punishment for lurking house-trespass or house-breaking

▶

Bare Act Text

Whoever commits lurking housetrespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Explained in Simple Words

Section 331(1) of the Bharatiya Nyaya Sanhita (BNS) prescribes the basic punishment for committing lurking house-trespass or house-breaking. It applies to any person who commits either of these two aggravated forms of house-trespass when no further aggravating factor, such as night-time entry or preparation to cause hurt, is involved.

A person convicted under Section 331(1) BNS is punishable with imprisonment of either description, which may be rigorous or simple, for a term that may extend to two years, and is also liable to fine. Because the statute states that the offender is liable to fine, a court may impose a fine, though a fine is not mandatory.

Lurking house-trespass involves committing house-trespass while taking precautions to hide the entry from someone who has a right to exclude or eject the trespasser. House-breaking involves entering or leaving a building through forceful or unauthorised means, such as breaking a lock or climbing through a window. If the offence occurs between sunset and sunrise or to commit another imprisonable offence, the stricter penalties in the other sub-sections of Section 331 BNS apply.

Key Ingredients

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for up to two years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Lurking house-trespass or house-breaking carries imprisonment of either description for up to two years, and liability to fine.

Real-World Example

One afternoon in Jaipur, Sunita was in lawful possession of a residential house. Anil climbed in through an open ground-floor window without permission, intending to annoy Sunita by displacing her personal papers. Entering through a window constituted house-breaking as defined in Section 330(2) BNS. Anil committed house-breaking, and his act is punishable under Section 331(1) BNS.

When This Does Not Apply

  • No house-trespass was committed because the entry or remaining occurred on open land rather than in a building, tent or vessel
  • The accused took no precautions to conceal the house-trespass and did not effect entry or exit in any of the six ways specified in Section 330(2) BNS
  • The entry was made with no intent to commit an offence and no intent to intimidate, insult or annoy the person in possession

Previous Law

IPC 453 → Section 331(1) BNS

Section 453 IPC corresponds to Section 331(1) BNS. Section 331(1) 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.

Section 331(2) BNS: Punishment for house-trespass or house breaking

▶

Bare Act Text

(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explained in Simple Words

Section 331(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing lurking house-trespass or house-breaking at night. It applies to any person who commits lurking house-trespass or house-breaking during the hours after sunset and before sunrise.

Under this sub-section, the offender shall be punished with imprisonment of either description for a term which may extend to three years. In addition to imprisonment, the offender shall also be liable to fine.

The key condition that attracts Section 331(2) BNS instead of the general rule in Section 331(1) BNS is that the act takes place after sunset and before sunrise. Under Section 331(1) BNS, lurking house-trespass or house-breaking without this night-time element carries imprisonment of either description up to two years and liability to fine. Where a night-time offence also involves an intention to commit an offence punishable with imprisonment or prior preparation for hurt, assault, or wrongful restraint, separate sub-sections of Section 331 BNS provide higher punishments.

Key Ingredients

  • The accused committed lurking house-trespass or house-breaking
  • It was committed after sunset and before sunrise
  • The act involved entry into a house or building in the manner covered by lurking house-trespass or house-breaking

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term which may extend to three years.

💰 Fine may be imposed in addition to imprisonment.

Lurking house-trespass or house-breaking committed after sunset and before sunrise is punishable with imprisonment of either description for up to three years, and the offender shall also be liable to fine.

Real-World Example

Late one night near Pune, Gopal quietly forced open the back door of Sunita’s bungalow and entered the house after sunset and before sunrise. He had no right to enter and did so secretly to avoid being noticed by the family and neighbours. Naveen, a watchman in the lane, saw signs of the forced entry and alerted the police. This falls within the section because the act is house-breaking or lurking house-trespass, and it happened during the night, that is, after sunset and before sunrise.

When This Does Not Apply

  • Entering a house in daytime only, without the night-time element of after sunset and before sunrise
  • A person lawfully allowed into the house by the occupier, even if an argument later happens inside
  • A quarrel or assault outside the house, without lurking house-trespass or house-breaking
  • Simple theft without lurking house-trespass or house-breaking

Section 331(3) BNS: Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

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Bare Act Text

Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

Explained in Simple Words

Section 331 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with lurking house-trespass or house-breaking done with the intention of committing an offence punishable with imprisonment. In simple terms, the law targets a person who secretly or forcibly enters a house, building, tent, or vessel, not just to trespass, but to commit another offence that can lead to jail. The focus is on the unlawful entry combined with a criminal purpose.

This section applies when the entry is not casual or accidental. The prosecution must show both the manner of entry and the intention behind it. It is used in cases where a person breaks into premises to steal, assault, intimidate, or commit any other imprisonable offence.

In practice, this provision is serious because it treats the unlawful entry as more dangerous when it is tied to a planned crime. The section helps police and courts address not just trespass, but the risk of further harm that comes with such conduct.

Key Ingredients

  • Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS
  • The act was committed in order to commit an offence punishable with imprisonment
  • Where the offence intended to be committed is theft, the term of imprisonment may extend to ten years

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate for the basic offence; Magistrate of the first class if the offence intended is theft ⓘ

🔒 Imprisonment of either description for a term which may extend to three years. Where the offence intended to be committed is theft, the term may extend to ten years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Lurking house-trespass or house-breaking to commit an imprisonable offence carries imprisonment up to three years and liability to fine; if the offence intended is theft, the term may extend to ten years and liability to fine.

Real-World Example

One afternoon in Ludhiana, Tarun was in lawful possession of a residential house. Farhan had retained a duplicate key to the back door padlock and unlocked it while the family was away, intending to steal silver utensils kept in the dining room. Entering by opening a lock is house-breaking as defined in Section 330(2) BNS. Because Farhan broke in to commit theft, his act is punishable under Section 331(3) BNS even though neighbours stopped him before he took anything.

When This Does Not Apply

  • The accused neither took precautions to conceal the house-trespass nor effected entry or exit in any of the six ways of house-breaking
  • The house-trespass was not committed in order to commit an offence punishable with imprisonment
  • The act occurred on open land rather than in a building, tent or vessel used as a human dwelling, place of worship or place for custody of property

Previous Law

IPC 454 → Section 331(3) BNS

Section 454 IPC corresponds to Section 331(3) BNS. Section 331(3) BNS consolidates the punishments for lurking house-trespass and house-breaking. The elements, the three-year term for imprisonable offences, the ten-year term where theft is intended, and liability to fine remain unchanged.

Section 331(4) BNS: Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment

▶

Bare Act Text

Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

Explained in Simple Words

Section 331 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with house-breaking by night in order to commit an offence. It applies when a person enters or leaves a building, tent, vessel, or place used for human dwelling, custody of property, or worship, by using one of the forms of house-breaking, and does so after sunset and before sunrise. The law treats this as a serious property offence because night entry increases the risk to safety and privacy.

This section is not limited to theft cases. The prosecution must show both the night-time house-breaking and the intent to commit an offence inside. That offence may be theft, assault, mischief, or any other offence.

In practice, police often add this section when there is forced entry at night into a home or shop. For the accused, the exact mode of entry and the timing become very important. For the complainant, this section gives stronger legal weight to a case involving night intrusion.

Key Ingredients

  • Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS
  • The offence was committed after sunset and before sunrise in order to commit an offence punishable with imprisonment
  • Where the offence intended to be committed is theft, the term of imprisonment may extend to fourteen years

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to five years. Where the offence intended to be committed is theft, the term may extend to fourteen years.

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Lurking house-trespass or house-breaking by night in order to commit an imprisonable offence carries imprisonment up to five years and liability to fine; if the offence intended is theft, the term may extend to fourteen years and liability to fine.

Real-World Example

In Kanpur, after sunset and while the householders were asleep, Imran forced open a rear window of Anjali’s residence and climbed inside carrying an empty sack, intending to steal jewellery stored in an almirah. A neighbour observed the intrusion and raised an outcry, leading to Imran being apprehended inside the house before taking any valuables. Imran is guilty under Section 331(4) BNS. Forcing open and entering through a window constitutes house-breaking under Section 330(2) BNS, and doing so between sunset and sunrise makes it house-breaking by night. Because he broke in to commit theft, which is punishable with imprisonment under Section 303(2) BNS, he faces imprisonment of either description for a term extending up to fourteen years and is also liable to fine. That he stole nothing does not negate liability, because Section 331(4) BNS penalises the entry made in order to commit the imprisonable offence.

When This Does Not Apply

  • Lurking house-trespass or house-breaking in order to commit an imprisonable offence committed between sunrise and sunset, which falls under Section 331(3) BNS
  • Lurking house-trespass or house-breaking by night where the sole intent was to intimidate, insult or annoy, or to commit an offence punishable with fine alone, which falls under Section 331(2) BNS
  • Lurking house-trespass or house-breaking by night committed after preparation for causing hurt, assault or wrongful restraint, which falls under Section 331(6) BNS
  • Entry onto property with the consent of the person in possession, made without any of the criminal intents specified in Section 329(1) BNS, where the visitor does not subsequently remain unlawfully with such an intent

Previous Law

IPC 457 → Section 331(4) BNS

Section 457 IPC corresponds to Section 331(4) BNS. Section 331(4) BNS consolidates the punishments for lurking house-trespass and house-breaking into a single provision. The basic punishment of imprisonment of either description up to five years, the enhanced punishment up to fourteen years where theft is intended, and liability to fine remain unchanged. In addition, Section 331(4) BNS incorporates the phrase after sunset and before sunrise directly into the provision.

Section 331(5) BNS: Punishment for house-trespass or house breaking

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Bare Act Text

(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 331(5) of the Bharatiya Nyaya Sanhita (BNS) deals with committing lurking house-trespass or house-breaking after making preparation for violence, restraint, or intimidation. It applies to any person who commits lurking house-trespass or house-breaking having made preparation for causing hurt to any person, assaulting any person, wrongfully restraining any person, or putting any person in fear of hurt, assault, or wrongful restraint.

A person who commits an offence under this sub-section shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The defining feature of this provision is prior preparation before or at the time of the trespass or house-breaking. The sub-section is attracted as soon as lurking house-trespass or house-breaking is committed with such preparation, even if no hurt, assault, or restraint actually takes place. If the same conduct is committed after sunset and before sunrise, Section 331(6) BNS provides a higher maximum imprisonment of fourteen years and liability to fine.

Key Ingredients

  • The accused committed lurking house-trespass or house-breaking
  • Before doing so, the accused had made preparation
  • The preparation was for causing hurt, assaulting, or wrongfully restraining a person
  • Or the preparation was for putting a person in fear of hurt, assault, or wrongful restraint

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to ten years.

💰 Fine may be imposed in addition to imprisonment.

Lurking house-trespass or house-breaking committed after making preparation to cause hurt, assault, wrongful restraint, or fear of such acts is punishable with imprisonment of either description for up to ten years, and the offender shall also be liable to fine.

Real-World Example

One afternoon on the outskirts of Madurai, Harpreet went to Swati’s house intending to look for cash inside. Before entering, he had brought a rope to tie up anyone present and a wooden stick to beat back resistance. Imran, a neighbour, saw Harpreet force open the back door and later told the police what he had seen. These facts fall within Section 331(5) BNS because it is house-breaking done with prior preparation to cause hurt, assault, wrongful restraint, or fear of those acts if anyone tried to stop him.

When This Does Not Apply

  • A person enters a house unlawfully but there is no prior preparation for hurt, assault, wrongful restraint, or fear of those acts
  • A person threatens someone outside a house without committing lurking house-trespass or house-breaking
  • A person commits simple house-breaking only to talk or recover property, without any preparation to hurt, assault, restrain, or frighten anyone
  • A person causes hurt during a different offence not involving lurking house-trespass or house-breaking

Section 331(6) BNS: Punishment for house-trespass or house breaking

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Bare Act Text

(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Explained in Simple Words

Section 331(6) of the Bharatiya Nyaya Sanhita (BNS) punishes night-time lurking house-trespass or house-breaking committed after making preparation for violence, restraint, or intimidation. It applies to any person who commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person, assaulting any person, wrongfully restraining any person, or putting any person in fear of hurt, assault, or wrongful restraint.

Under this sub-section, the offender shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Two aggravating factors must both be present for Section 331(6) BNS to apply: the offence must take place between sunset and sunrise, and the offender must have made prior preparation for hurt, assault, wrongful restraint, or fear of any of those acts. The provision focuses on having made such preparation rather than requiring that hurt be actually inflicted. If the same act with prior preparation occurs outside night hours, it falls under Section 331(5) BNS, which carries a lower maximum term of ten years.

Key Ingredients

  • The accused committed lurking house-trespass or house-breaking
  • It happened after sunset and before sunrise
  • Preparation had been made for causing hurt, assault, or wrongful restraint
  • Or preparation had been made for putting a person in fear of hurt, assault, or wrongful restraint

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term which may extend to fourteen years.

💰 Fine may be imposed in addition to imprisonment.

Lurking house-trespass or house-breaking committed after sunset and before sunrise after making preparation to cause hurt, assault, wrongful restraint, or fear of such acts is punishable with imprisonment of either description for up to fourteen years, and the offender shall also be liable to fine.

Real-World Example

Late at night near Vijayawada, Tarun forced open the back door of Priya’s house and entered after sunset. Before going there, he had carried a stick and rope so he could beat Manoj, the night watchman, or tie him up if stopped. Priya woke up and saw Tarun inside the house. This falls within the section because it is house-breaking at night, and Tarun had already made preparation to cause hurt, assault, or wrongful restraint to a person during the act.

When This Does Not Apply

  • Entry into a house during daytime only, even if there was preparation for hurt
  • Night entry into a house without lurking house-trespass or house-breaking being made out
  • Night house-trespass or house-breaking without any preparation for hurt, assault, wrongful restraint, or fear of these
  • A simple assault outside the house premises without any lurking house-trespass or house-breaking

Section 331(7) BNS: Punishment for house-trespass or house breaking

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Bare Act Text

(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 331(7) of the Bharatiya Nyaya Sanhita (BNS) addresses severe violence committed during the course of lurking house-trespass or house-breaking. It applies to any person who, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person.

An offender under this sub-section shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Unlike Sections 331(5) and 331(6) BNS, which require only prior preparation for hurt, assault, or wrongful restraint, Section 331(7) BNS applies when the offender actually causes grievous hurt or attempts to cause death or grievous hurt whilst committing the lurking house-trespass or house-breaking. The violence or attempt must take place during the commission of the trespass or house-breaking. Where such an act is committed after sunset and before sunrise by one of several persons jointly concerned in the night-time trespass or house-breaking, Section 331(8) BNS separately extends liability to every person jointly concerned.

Key Ingredients

  • The accused was committing lurking house-trespass or house-breaking
  • The act happened whilst committing that lurking house-trespass or house-breaking
  • The accused caused grievous hurt to a person, or attempted to cause death or grievous hurt
  • A person was the victim of that grievous hurt or attempt

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or imprisonment of either description for a term which may extend to ten years.

💰 Fine may be imposed in addition to imprisonment.

Causing grievous hurt or attempting to cause death or grievous hurt whilst committing lurking house-trespass or house-breaking is punishable with imprisonment for life or imprisonment of either description for up to ten years, and the offender shall also be liable to fine.

Real-World Example

Late at night in a housing colony outside Pune, Lakshmi came back and saw that the rear window of her house had been forced open. Karthik had entered the house by house-breaking and was still inside when Devendra, a neighbour, rushed over after hearing Lakshmi shout. As Karthik tried to escape, he hit Devendra on the head with an iron rod and caused grievous hurt. Even though no death occurred, the grievous hurt was caused while Karthik was committing the house-breaking, so the facts fall within the rule covering grievous hurt, or an attempt to cause death or grievous hurt, during lurking house-trespass or house-breaking.

When This Does Not Apply

  • Simple house-trespass without lurking house-trespass or house-breaking
  • Lurking house-trespass or house-breaking where no grievous hurt is caused and there is no attempt to cause death or grievous hurt
  • A quarrel inside a house causing grievous hurt, but not while committing lurking house-trespass or house-breaking
  • Preparation to cause hurt during lurking house-trespass or house-breaking, without actually causing grievous hurt or attempting to cause death or grievous hurt

Section 331(8) BNS: All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

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Bare Act Text

If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explained in Simple Words

Section 331(8) of the Bharatiya Nyaya Sanhita (BNS) provides for joint liability when lurking house-trespass or house-breaking is committed after sunset and before sunrise. If any one of the offenders voluntarily causes or attempts to cause death or grievous hurt to any person during the commission of the offence, every person jointly concerned in committing that night-time lurking house-trespass or house-breaking is punishable with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and is also liable to fine.

Key Ingredients

  • Commission of lurking house-trespass as defined in Section 330(1) BNS or house-breaking as defined in Section 330(2) BNS after sunset and before sunrise by multiple persons jointly concerned
  • At the time of committing the offence, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person
  • Every person jointly concerned in the intrusion is subject to imprisonment for life, or imprisonment of either description up to ten years, and liability to fine

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or with imprisonment of either description for a term which may extend to ten years

💰 The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Joint liability where death or grievous hurt is caused or attempted during lurking house-trespass or house-breaking by night carries imprisonment for life, or imprisonment of either description up to ten years, and liability to fine.

Real-World Example

In Jaipur, after sunset, Ramesh, Suresh and Imran jointly broke open the padlock on the back door of a shopkeeper’s house to commit theft. While inside, the shopkeeper awoke and confronted the intruders. Ramesh struck the shopkeeper with an iron crowbar, fracturing his skull, while Suresh and Imran refrained from violence and stood by. All three offenders are guilty under Section 331(8) BNS. Opening the lock after sunset and before sunrise constitutes house-breaking after sunset and before sunrise under Section 330(2) BNS, and fracturing a skull constitutes grievous hurt under Section 116 BNS. Because Ramesh caused grievous hurt during the commission of the house-breaking, Suresh and Imran are jointly liable as persons jointly concerned in the nocturnal intrusion, despite having struck no blows themselves. Each faces imprisonment for life, or imprisonment of either description extending up to ten years, and is also liable to fine. The offence is triable exclusively by a Court of Session.

When This Does Not Apply

  • Lurking house-trespass or house-breaking committed between sunrise and sunset; where grievous hurt is caused, individual liability is assessed under Section 331(7) BNS
  • An individual who was not jointly concerned in committing the lurking house-trespass by night or house-breaking by night
  • Death or grievous hurt caused or attempted at some separate time, rather than during the actual commission of the nocturnal house-trespass or house-breaking
  • Simple hurt that does not amount to grievous hurt under Section 116 BNS, where there was also no attempt to cause death or grievous hurt
  • Entry onto property with the consent of the person in possession, made without any of the criminal intents specified in Section 329(1) BNS, where the visitor does not subsequently remain unlawfully with such an intent

Previous Law

IPC 460 → Section 331(8) BNS

Section 460 IPC corresponds to Section 331(8) BNS. Section 331(8) 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. In addition, Section 331(8) BNS incorporates the phrase after sunset and before sunrise directly into the provision in place of by night.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·