Bharatiya Nyaya Sanhita, 2023
Section 331 BNS: Punishment for House-Trespass or House-Breaking
Section 331 of the Bharatiya Nyaya Sanhita, 2023 prescribes graded punishments for lurking house-trespass and house-breaking. The punishment increases where the offence is committed after sunset and before sunrise, in order to commit another imprisonable offence, after preparation for violence or restraint, or where grievous hurt or death is caused or attempted.
Section 331 BNS - Overview
Section 330 BNS defines lurking house-trespass and house-breaking. Section 331 supplies the punishment for those offences and creates progressively more serious categories.
Section 331 Explained Sub-Section by Sub-Section
Section 331(1) - Basic lurking house-trespass or house-breaking
Whoever commits lurking house-trespass or house-breaking may be punished with imprisonment of either description up to two years and fine.
Section 331(2) - After sunset and before sunrise
If lurking house-trespass or house-breaking is committed after sunset and before sunrise, the punishment may extend to three years and fine.
Section 331(3) - To commit another imprisonable offence
If the lurking house-trespass or house-breaking is committed in order to commit an offence punishable with imprisonment, the punishment may extend to three years and fine.
If the intended offence is theft, imprisonment may extend to ten years.
Section 331(4) - Night-time entry to commit another imprisonable offence
Where the offence is committed after sunset and before sunrise in order to commit an offence punishable with imprisonment, punishment may extend to five years and fine.
If the intended offence is theft, imprisonment may extend to fourteen years.
Section 331(5) - Preparation for hurt, assault or wrongful restraint
If the offender has made preparation for causing hurt, assaulting a person, wrongfully restraining a person, or putting a person in fear of hurt, assault or wrongful restraint, imprisonment may extend to ten years and fine.
Section 331(6) - Night-time offence after preparation for violence or restraint
Where such preparation accompanies lurking house-trespass or house-breaking after sunset and before sunrise, imprisonment may extend to fourteen years and fine.
Section 331(7) - Grievous hurt or attempt to cause death or grievous hurt
If, while committing lurking house-trespass or house-breaking, the offender causes grievous hurt or attempts to cause death or grievous hurt, punishment may be imprisonment for life or imprisonment of either description up to ten years, and fine.
Section 331(8) - Joint liability in night-time house-breaking
If, during lurking house-trespass or house-breaking after sunset and before sunrise, one guilty participant voluntarily causes or attempts to cause death or grievous hurt, every person jointly concerned in committing that offence is exposed to punishment of life imprisonment or imprisonment up to ten years, and fine.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| 331(1) | Up to 2 years and fine | Yes | No | Any Magistrate |
| 331(2) | Up to 3 years and fine | Yes | No | Any Magistrate |
| 331(3) | Up to 3 years and fine; if intended offence is theft, up to 10 years | Yes | No | Any Magistrate; theft variant: Magistrate of the first class |
| 331(4) | Up to 5 years and fine; if intended offence is theft, up to 14 years | Yes | No | Any Magistrate; theft variant: Magistrate of the first class |
| 331(5) | Up to 10 years and fine | Yes | No | Magistrate of the first class |
| 331(6) | Up to 14 years and fine | Yes | No | Magistrate of the first class |
| 331(7) | Life imprisonment, or up to 10 years, and fine | Yes | No | Court of Session |
| 331(8) | Life imprisonment, or up to 10 years, and fine | Yes | No | Court of Session |
After Sunset and Before Sunrise
Sections 331(2), 331(4), 331(6) and 331(8) expressly apply to conduct occurring after sunset and before sunrise. The BNS uses this formulation instead of separately defining a general offence of house-breaking by night in Section 330.
Theft-Related Enhancement Under Sections 331(3) and 331(4)
Where the intended offence is theft, the maximum imprisonment increases significantly. Under Section 331(3), it may extend to ten years. Under the night-time provision in Section 331(4), it may extend to fourteen years.
Preparation for Hurt, Assault or Wrongful Restraint
Sections 331(5) and 331(6) aggravate punishment where preparation has been made for causing hurt, assault, wrongful restraint, or fear of such conduct. Section 331(7) addresses the still more serious situation where grievous hurt is actually caused or death or grievous hurt is attempted.
Section 331(8) extends serious liability to every person jointly concerned in the specified night-time offence when one guilty participant voluntarily causes or attempts to cause death or grievous hurt.
Is Section 331 BNS Compoundable?
Section 331 is not included in the list of compoundable offences under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar.
Frequently Asked Questions
What is the punishment under Section 331(1) BNS?
Imprisonment of either description up to two years and fine.
Is Section 331 BNS bailable?
No. Every offence classified under Section 331 in the BNSS First Schedule is non-bailable.
What is the punishment for house-breaking by night with intent to commit theft?
Under Section 331(4), imprisonment may extend to fourteen years.
When can life imprisonment apply?
Life imprisonment is available under Sections 331(7) and 331(8), dealing with grievous hurt or attempts to cause death or grievous hurt in the circumstances specified by those provisions.
Is Section 331 compoundable?
No. Section 331 is not listed among the compoundable offences in BNSS Section 359.
This page provides general legal information. The applicable Section 331 sub-section depends on the exact facts, timing, intended offence, preparation, injury and participation alleged in the case.