Section 331 of the Bharatiya Nyaya Sanhita (BNS) applies to cases where a person unlawfully enters a house or building (house-trespass) or forcibly breaks into it (house-breaking), especially with criminal intent or preparation for violence.
The severity of punishment increases when the offense is committed at night or involves physical harm.
Punishment:
Whoever commits house-trespass or house-breaking shall be punished with imprisonment of up to two years and shall also be liable to a fine.
If committed between sunset and sunrise, the punishment extends to three years of imprisonment and a fine.
If house-trespass or house-breaking is committed with the intent to commit an imprisonable offense, the punishment may extend to three years, and if the intended offense is theft, the punishment may extend to ten years.
If committed at night with the intent to commit an imprisonable offense, the imprisonment may extend to five years, and if the intended offense is theft, the punishment may extend to fourteen years.
If preparations are made for assault, wrongful restraint, or causing harm, the punishment may extend to ten years of imprisonment and a fine.
If committed at night with preparation for causing harm, the punishment may extend to fourteen years of imprisonment and a fine.
If grievous hurt is caused or an attempt is made to cause death, the offender shall be punished with imprisonment for life or imprisonment of up to ten years, along with a fine.
If grievous hurt or death is caused at night, all individuals jointly committing the offense shall be punished with imprisonment for life or imprisonment of up to ten years, and shall also be liable to a fine.
How It Protects:
This section protects homes, places of worship, and property storage areas by imposing strict penalties for unauthorized entry, burglary, or violent intrusions.
It ensures higher punishment for nighttime offenses, reflecting the increased danger and vulnerability of victims during such crimes.
Example:
If a person forcefully enters a house at night intending to steal valuables, they are guilty under this section.
Similarly, if a group breaks into a home, physically harms the residents, or threatens them, they face stricter punishment.
