Section 334 BNS: Dishonestly breaking open receptacle containing property

Bharatiya Nyaya Sanhita, 2023

Section 334 BNS at a Glance

Section 334 BNS deals with dishonestly breaking open receptacle containing property. It is cognizable; it replaced Sections 461 and 462 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to two years

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

Section 461 →

Section 334 BNS Bare Act Text

(1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Source: Section 334, Bharatiya Nyaya Sanhita, 2023

Section 334 BNS in the IPC (Previous Law)

Section 334 BNS replaced Sections 461 and 462 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 334 BNS

What does 'receptacle' mean in Section 334(1) BNS?▼

A receptacle means any container that can hold property. This includes a box, trunk, cupboard, drawer, safe, bag, or similar item. The law is concerned with the dishonest breaking open of that container.

Under Section 334(1) BNS, is mere opening of a locked box enough?▼

Not always. The prosecution must show that the box or container was broken open dishonestly, not simply opened with permission or by accident. The dishonest intention is what makes the act punishable under this Section.

Under Section 334(1) BNS, what punishment can be imposed?▼

The punishment can extend to 2 years’ imprisonment of either description, or fine, or both. The court will look at the facts, the value of the property, and the manner of the act before deciding sentence.

How is Section 334(1) BNS different from theft?▼

Theft is about moving property out of another person's possession dishonestly. This Section focuses on breaking open the container that holds the property. In many cases, both charges may arise from the same incident.

What does Section 334(2) of the BNS cover?▼

Section 334(2) BNS covers a person who has been entrusted with a closed receptacle containing property, or believed to contain property, and opens it without authority in a dishonest way or with intent to commit mischief. It applies when the person breaks open or unfastens that receptacle even though they were not allowed to open it.

What must be proved under Section 334(2) BNS?▼

To apply Section 334(2) BNS, it must be shown that the accused was entrusted with a closed receptacle, that it contained property or was believed to contain property, and that the accused had no authority to open it. It must also be shown that the receptacle was broken open or unfastened dishonestly or with intent to commit mischief.

What is the punishment under Section 334(2) of the Bharatiya Nyaya Sanhita?▼

The punishment under Section 334(2) BNS is imprisonment of either description for a term which may extend to three years, or fine, or both. The exact sentence depends on the facts of the case.

How is Section 334(2) different from Section 334(1) BNS?▼

The main difference is entrustment and lack of authority. Section 334(1) BNS deals with dishonestly breaking open or unfastening a closed receptacle containing property, while Section 334(2) BNS applies when the receptacle was entrusted to the person and they opened it without authority, dishonestly or with intent to commit mischief.

Section 334 BNS: Sub-sections Explained

Section 334(1) BNS: Dishonestly breaking open receptacle containing property

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Bare Act Text

Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explained in Simple Words

Section 334(1) of the Bharatiya Nyaya Sanhita (BNS) deals with a person who dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle that contains property, or that the person believes to contain property. A receptacle can be a box, chest, trunk, almirah, safe, packet, or any closed container that holds property. The key point is the dishonest or mischievous breaking open or unfastening of the closed container, not merely touching or opening it by chance.

The provision applies where the accused acts dishonestly or with intent to commit mischief, whether the closed receptacle actually contains property or the accused believes it does. It is meant to cover situations where a person uses force or tampering to open closed storage. In practical terms, it is often used in theft-related cases, house break-ins, and disputes involving forced opening of locked storage.

The prosecution must show both the breaking open or unfastening of a closed receptacle and the dishonest intent or intent to commit mischief. Without these, the charge may not stand.

Key Ingredients

  • 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

Punishment

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

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

💰 The court may impose a fine instead of imprisonment, or both. The statute does not fix a maximum fine.

Dishonestly breaking open or unfastening a closed receptacle containing or believed to contain property carries imprisonment of either description up to two years, or fine, or both.

Real-World Example

While visiting her acquaintance Sunita in Surat, Shalini noticed a locked steel trunk under the bed. Believing the trunk contained gold ornaments and cash, Shalini prised the latch open with a screwdriver while Sunita was in another room, planning to take the valuables. Upon opening it, she found the trunk completely empty. Shalini is guilty under Section 334(1) BNS. The steel trunk was a closed receptacle that she believed to contain property, and unfastening or breaking it open with the dishonest intention of causing wrongful loss to Sunita completes the offence. The fact that the container held no contents and nothing was carried away does not excuse the act. She faces imprisonment of either description for a term extending up to two years, or fine, or both, triable by any Magistrate.

When This Does Not Apply

  • Taking property from an open receptacle without breaking or unfastening it, which may constitute theft under Section 303 BNS
  • Opening a closed receptacle without dishonest intent and without intent to commit mischief, such as opening one’s own container after misplacing the key
  • Breaking open a receptacle that contains no property where the accused did not believe that it contained property
  • Breaking open a closed receptacle by a person entrusted with its custody who lacks authority to open it, which is punishable under Section 334(2) BNS with imprisonment up to three years, or fine, or both

Previous Law

IPC 461 → Section 334(1) BNS

Sections 461 and 462 IPC are consolidated in Section 334(1) 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.

Section 334(2) BNS: Dishonestly breaking open receptacle containing property

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Bare Act Text

(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explained in Simple Words

Section 334(2) of the Bharatiya Nyaya Sanhita (BNS) punishes a person who has been entrusted with a closed receptacle and breaks it open or unfastens it without authority. It applies to anyone who is entrusted with any closed receptacle that contains property, or that the person believes to contain property, and who, without having authority to open it, dishonestly or with intent to commit mischief breaks open or unfastens that receptacle.

An offender under this sub-section shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Two points are central to this provision. First, the receptacle does not have to actually contain property if the offender believes that it contains property. Second, the element of entrustment without authority to open the receptacle distinguishes Section 334(2) BNS from Section 334(1) BNS, which applies where there is no such entrustment and carries a lower maximum imprisonment of two years, or fine, or both.

Key Ingredients

  • The accused was entrusted with a closed receptacle
  • The receptacle contained property or the accused believed it contained property
  • The accused had no authority to open that receptacle
  • The accused broke open or unfastened the receptacle
  • The act was done dishonestly or with intent to commit mischief

Punishment

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

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

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

Dishonestly or with intent to commit mischief breaking open or unfastening an entrusted closed receptacle containing or believed to contain property without authority is punishable with imprisonment of either description for up to three years, or with fine, or with both.

Real-World Example

Near Paltan Bazar in Guwahati, Bhavna gave Sanjay a locked metal cash box to keep in his shop storeroom for two days while she travelled. Rukhsana later saw Sanjay force open the latch with a screwdriver even though Bhavna had not allowed him to open it. Sanjay believed the box contained jewellery and cash. He opened it to take out items for himself. This fits the section because Sanjay had been entrusted with a closed receptacle containing property, had no authority to open it, and dishonestly broke it open.

When This Does Not Apply

  • A person opens his own locked box containing his own property
  • A person opens a closed receptacle after being given authority to open it
  • The receptacle is opened by accident, without dishonesty and without intent to commit mischief
  • There is no entrustment of the closed receptacle to the accused

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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