Section 333 BNS: House-trespass after preparation for hurt, assault or wrongful restraint
Bharatiya Nyaya Sanhita, 2023
Section 333 BNS at a Glance
Section 333 BNS deals with house-trespass after preparation for hurt, assault or wrongful restraint. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 452 IPC on 1 July 2024.
Imprisonment of either description for up to seven years.
Section 333 BNS Bare Act Text
333. House-trespass after preparation for hurt, assault or wrongful restraint
Whoever commits house-trespass, 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 seven years, and shall also be liable to fine.
Source: Section 333, Bharatiya Nyaya Sanhita, 2023
Section 333 BNS in Simple Words
Section 333 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a serious form of house-trespass. It applies when a person enters or remains in a house, building, tent, or vessel with the preparation already made to cause hurt, assault, or wrongful restraint. The law does not wait for the actual attack to happen.
The preparation itself makes the act much more serious. This section usually comes into play where the entry is not casual or accidental. There must be some prior arrangement, such as carrying a weapon, bringing tools meant for intimidation, or gathering with a plan to threaten or restrain someone inside.
In practice, police often use this section where the facts show a planned intrusion into a home or workplace with violent intent. It is a strong deterrent because it protects personal safety and the sanctity of one’s premises.
Ingredients of Section 333 BNS
- Commission of house-trespass as defined in Section 329(2) BNS
- Preparation made for causing hurt to any person, assaulting any person, or wrongfully restraining any person
- Alternatively, preparation made for putting any person in fear of hurt, assault, or wrongful restraint
Punishment Under Section 333 BNS
Imprisonment of either description for up 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 after preparation for hurt, assault or wrongful restraint carries imprisonment of either description for up to seven years, and liability to fine.
Example of Section 333 BNS
When Section 333 BNS 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 made no preparation for causing hurt, assaulting, or wrongfully restraining any person
- The accused made no preparation for putting any person in fear of hurt, of assault, or of wrongful restraint
Section 333 BNS in the IPC (Previous Law)
Section 333 BNS replaces Section 452 IPC from the old criminal code.
Section 452 IPC is now Section 333 BNS, with the same title and the same text. The elements and the punishment of imprisonment of either description for a term which may extend to seven years, and liability to fine remain unchanged.
View IPC Section 452 →FAQs on Section 333 BNS
What is the main difference between simple trespass and the offence under Section 333 BNS?▼
Simple trespass is only unlawful entry. Under this section, the person must have also made preparation to cause hurt, assault, or wrongful restraint. That extra preparation is what makes the offence much more serious.
Under Section 333 BNS, does the prosecution need to prove that someone was actually attacked?▼
No. Actual injury or assault is not required. The law punishes the trespass once the preparation for violence or restraint is shown along with the unlawful entry.
Is the offence under Section 333 BNS bailable?▼
No, it is generally treated as a non-bailable offence. The accused may still seek bail from the court, but bail is not a matter of right.
What evidence is usually used to prove an offence under Section 333 BNS?▼
Courts look at weapons carried, the conduct of the accused, witness statements, CCTV footage, and surrounding circumstances. The prosecution must connect the preparation to the trespass itself, not just show a later quarrel.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·