Section 332 BNS: House-trespass in order to commit offence

Bharatiya Nyaya Sanhita, 2023

Section 332 BNS at a Glance

Section 332 BNS deals with house-trespass in order to commit offence. It is cognizable; it replaced Sections 449, 450 and 451 IPC on 1 July 2024.

Punishment

Imprisonment for life, or rigorous imprisonment for a term not exceeding ten years.

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

Section 449 →

Section 332 BNS Bare Act Text

Whoever commits house-trespass in order to the committing of any offence—

(a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine;

Whoever commits house-trespass in order to the committing of any offence—

(b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine;

Whoever commits house-trespass in order to the committing of any offence—

(c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine:

Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

Source: Section 332, Bharatiya Nyaya Sanhita, 2023

Section 332 BNS in the IPC (Previous Law)

Section 332 BNS replaced Sections 449, 450 and 451 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 332 BNS

What is the punishment under Section 332(a) BNS?▼

Under Section 332(a) BNS, the offender is punishable with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years. The offender shall also be liable to fine.

When does Section 332(a) BNS apply?▼

Section 332(a) BNS applies when a person commits house-trespass in order to commit any offence that is punishable with death. If the intended offence is punishable only with life imprisonment or a lesser term of imprisonment, clauses (b) or (c) of Section 332 BNS apply instead.

Can a court award simple imprisonment under Section 332(a) BNS?▼

No, simple imprisonment cannot be awarded under Section 332(a) BNS. The provision specifies that if the court does not impose imprisonment for life, any term of imprisonment up to ten years must be rigorous imprisonment.

Is a fine mandatory under Section 332(a) BNS?▼

No, the statute states that the offender shall also be liable to fine under Section 332(a) BNS. This phrasing means that a fine is discretionary rather than mandatory, and no maximum fine amount is fixed by the section.

What is the punishment prescribed under Section 332(b) BNS?▼

Under Section 332(b) BNS, an offender is punishable with imprisonment of either description for a term not exceeding ten years. The offender shall also be liable to fine.

When does Section 332(b) BNS apply?▼

Section 332(b) BNS applies when a person commits house-trespass in order to commit an offence that is punishable with imprisonment for life. If the intended offence is punishable with death, Section 332(a) BNS applies instead.

Can the imprisonment under Section 332(b) BNS be simple or rigorous?▼

Yes, Section 332(b) BNS provides for imprisonment of either description for a term not exceeding ten years. This means the sentencing court may impose either rigorous imprisonment or simple imprisonment.

Is a fine mandatory under Section 332(b) BNS?▼

No, a fine is not mandatory under Section 332(b) BNS. Because the provision states that the offender shall also be liable to fine, the court has the discretion to decide whether to impose a fine.

What is the punishment under Section 332(c) BNS?▼

Under Section 332(c) BNS, committing house-trespass in order to commit an offence punishable with imprisonment is punishable with imprisonment of either description for up to two years, and the offender is also liable to fine. Under the proviso, if the intended offence is theft, the imprisonment may extend to seven years.

How does the punishment change under Section 332(c) BNS if the intended offence is theft?▼

The proviso to Section 332(c) BNS specifically addresses cases where the house-trespass is committed in order to commit theft. In such cases, the maximum term of imprisonment increases from two years to seven years, and the offender remains liable to fine.

Does Section 332(c) BNS apply if the intended offence is punishable only with a fine?▼

No, Section 332(c) BNS applies only when the house-trespass is committed in order to commit an offence punishable with imprisonment. If the intended offence is punishable with death or life imprisonment, clauses (a) or (b) of Section 332 BNS apply instead.

Is a fine mandatory for an offence under Section 332(c) BNS?▼

No, a fine is not mandatory under Section 332(c) BNS. The provision states that the offender shall also be liable to fine, which gives the court discretion over whether to impose a fine.

Section 332 BNS: Sub-sections Explained

Section 332(a) BNS: House-trespass in order to commit offence punishable with death

▶

Bare Act Text

Whoever commits house-trespass in order to the committing of any offence—

(a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine;

Explained in Simple Words

Section 332(a) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing house-trespass in order to commit an offence that is punishable with death. It applies to any person who unlawfully enters or remains in a building, tent, or vessel used as a human dwelling, a place of worship, or a place for the custody of property, with the purpose of committing a capital offence such as murder.

A person convicted under Section 332(a) BNS shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. Where a fixed term of imprisonment is imposed instead of life imprisonment, the imprisonment must be rigorous, meaning with hard labour, rather than simple imprisonment. Because the offender is liable to fine, imposing a fine is within the court's discretion.

For this clause to apply, the prosecution must show that the house-trespass was committed in order to commit an offence punishable with death. The capital offence itself does not need to be completed for liability under Section 332(a) BNS to arise, as long as the house-trespass was committed for that purpose.

Key Ingredients

  • Commission of house-trespass as defined in Section 329(2) BNS
  • The trespass was committed in order to commit an offence
  • The offence intended to be committed is punishable with death

Punishment

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

🔒 Imprisonment for life, or rigorous imprisonment for a term not exceeding ten years.

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

House-trespass in order to commit a capital offence carries imprisonment for life, or rigorous imprisonment for up to ten years, and liability to fine.

Real-World Example

In Lucknow, Mahesh was in possession of a residential house. Kishore entered the house carrying a dagger, intending to murder Mahesh over a property dispute. Kishore committed house-trespass in order to commit murder, which is an offence punishable with death. Kishore is punishable under Section 332(a) BNS even if he was restrained before inflicting any injury.

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 house-trespass was not committed in order to commit an offence
  • The offence intended was not an offence punishable with death

Previous Law

IPC 449 → Section 332(a) BNS

Section 449 IPC corresponds to Section 332(a) BNS. Section 332(a) BNS consolidates house-trespass according to the gravity of the intended offence into three clauses. The elements and the punishment of imprisonment for life, or rigorous imprisonment for a term not exceeding ten years, and liability to fine remain unchanged.

Section 332(b) BNS: House-trespass in order to commit offence punishable with imprisonment for life

▶

Bare Act Text

Whoever commits house-trespass in order to the committing of any offence—

(b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine;

Explained in Simple Words

Section 332(b) of the Bharatiya Nyaya Sanhita (BNS) deals with house-trespass committed in order to commit an offence punishable with imprisonment for life. It applies to any person who commits house-trespass with the purpose of committing a serious crime that carries life imprisonment as its maximum sentence, but not the death penalty.

Whoever commits an offence under Section 332(b) BNS shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. Unlike clause (a), which restricts fixed-term imprisonment to rigorous imprisonment, clause (b) allows the court to impose either rigorous or simple imprisonment for up to ten years. The phrase liable to fine means that a fine may be imposed at the discretion of the court.

To establish an offence under this provision, the prosecution must prove both the commission of house-trespass and the specific purpose of committing an offence punishable with imprisonment for life. Liability under Section 332(b) BNS attaches once the house-trespass is committed for that purpose, even if the intended offence is prevented before completion.

Key Ingredients

  • Commission of house-trespass as defined in Section 329(2) BNS
  • The trespass was committed in order to commit an offence
  • The offence intended to be committed is punishable with imprisonment for life

Punishment

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

🔒 Imprisonment of either description for a term not exceeding ten years.

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

House-trespass in order to commit an offence punishable with life imprisonment carries imprisonment of either description for up to ten years, and liability to fine.

Real-World Example

In Nagpur, Deepak was in possession of a dwelling house. Harish entered the house carrying an iron bar, intending to cause grievous hurt to Deepak with the bar during a feud, an offence punishable with imprisonment for life under Section 118(2) BNS. Harish committed house-trespass in order to commit an offence punishable with imprisonment for life. Harish is punishable under Section 332(b) BNS even if he was intercepted before striking anyone.

When This Does Not Apply

  • No house-trespass was committed because the entry or remaining took place on open land rather than in a building, tent or vessel
  • The house-trespass was not committed in order to commit an offence
  • The offence intended was not an offence punishable with imprisonment for life

Previous Law

IPC 450 → Section 332(b) BNS

Section 450 IPC corresponds to Section 332(b) BNS. Section 332(b) BNS consolidates house-trespass according to the seriousness of the intended offence into three clauses. The elements and the punishment of imprisonment of either description for a term not exceeding ten years, and liability to fine remain unchanged.

Section 332(c) BNS: House-trespass in order to commit offence punishable with imprisonment

▶

Bare Act Text

Whoever commits house-trespass in order to the committing of any offence—

(c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine:

Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

Explained in Simple Words

Section 332(c) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for committing house-trespass in order to commit any offence that is punishable with imprisonment. It applies to any person who commits house-trespass for the purpose of committing an imprisonable offence that does not carry death or imprisonment for life.

Under Section 332(c) BNS, the offender shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. However, the proviso to clause (c) sets a higher maximum sentence where the offence intended to be committed is theft. In that case, the term of imprisonment of either description may be extended to seven years, along with liability to fine.

Because the section states that the offender shall also be liable to fine, a fine is discretionary rather than mandatory. The offence under Section 332(c) BNS is complete as soon as the house-trespass is committed with the intention of committing the imprisonable offence or theft, even if the intended act is not ultimately carried out.

Key Ingredients

  • Commission of house-trespass as defined in Section 329(2) BNS
  • The trespass 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 seven years

Punishment

Bailable ⓘCognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

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

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

House-trespass to commit an imprisonable offence carries imprisonment up to two years and liability to fine; if the offence intended is theft, the term may extend to seven years and liability to fine.

Real-World Example

In Jaipur, Anjali was in lawful possession of a residential flat. Rakesh walked into the hallway through an open door without permission, intending to damage her electronic equipment and commit mischief punishable with imprisonment under Section 324 BNS. Rakesh committed house-trespass in order to commit an offence punishable with imprisonment. Rakesh is punishable under Section 332(c) BNS even though he was stopped before causing any damage.

When This Does Not Apply

  • No house-trespass was committed because the entry or remaining took place on open land rather than in a building, tent or vessel
  • The house-trespass was not committed in order to commit an offence punishable with imprisonment
  • The offence intended was punishable with death or imprisonment for life, in which case the charge lies under Section 332(a) BNS or Section 332(b) BNS

Previous Law

IPC 451 → Section 332(c) BNS

Section 451 IPC corresponds to Section 332(c) BNS. Section 332(c) BNS consolidates house-trespass according to the intended offence into three clauses. The elements, the two-year term for imprisonable offences, and the seven-year term for theft are preserved, with the theft provision framed as a proviso to the clause.

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