Bharatiya Nyaya Sanhita, 2023

Section 332 BNS: House-Trespass in Order to Commit Offence

Section 332 of the Bharatiya Nyaya Sanhita, 2023 prescribes enhanced punishment where house-trespass is committed in order to commit another offence. The punishment depends on whether the intended offence is punishable with death, imprisonment for life, or imprisonment, with a separate enhancement where the intended offence is theft.

Important: The procedural treatment differs by clause. Section 332(a) and 332(b) are non-bailable and triable by the Court of Session. Section 332(c) is generally bailable and triable by any Magistrate, but the theft variant under the proviso is non-bailable.

Section 332 BNS - Overview

Section 329 BNS defines house-trespass. Section 332 applies where that house-trespass is committed in order to commit another offence and grades the punishment according to the seriousness of the intended offence.

Section 332 Explained Clause by Clause

Section 332(a) - Intended offence punishable with death

If the house-trespass is committed in order to commit an offence punishable with death, the punishment is imprisonment for life, or rigorous imprisonment for a term not exceeding ten years, and fine.

Section 332(b) - Intended offence punishable with imprisonment for life

If the intended offence is punishable with imprisonment for life, the punishment is imprisonment of either description for a term not exceeding ten years, and fine.

Section 332(c) - Intended offence punishable with imprisonment

If the intended offence is punishable with imprisonment, the punishment is imprisonment of either description up to two years, and fine.

Proviso - Intended Offence Is Theft

The proviso to Section 332(c) states that if the intended offence is theft, the term of imprisonment may extend to seven years.

The BNSS First Schedule treats this theft variant more seriously for bail: it is cognizable and non-bailable, although it remains triable by any Magistrate.

Essential Ingredients of Section 332 BNS

  1. the accused must commit house-trespass within the meaning of Section 329 BNS;
  2. the house-trespass must be committed in order to commit another offence;
  3. the nature of the intended offence must be established because it determines whether clause (a), (b) or (c) applies; and
  4. where the prosecution relies on the theft proviso, it must establish that theft was the offence intended to be committed.

The section therefore requires more than ordinary house-trespass. The intended further offence is a central ingredient and directly determines the punishment.

Punishment, Cognizability, Bail and Trial Court

Provision Intended offence Punishment Cognizable Bailable Trial court
332(a) Punishable with death Life imprisonment, or rigorous imprisonment up to 10 years, and fine Yes No Court of Session
332(b) Punishable with imprisonment for life Imprisonment of either description up to 10 years and fine Yes No Court of Session
332(c) Punishable with imprisonment Imprisonment of either description up to 2 years and fine Yes Yes Any Magistrate
332(c) proviso Theft Imprisonment up to 7 years Yes No Any Magistrate

Compounding Under BNSS Section 359

House-trespass under Section 332(c), where the intended offence is an imprisonable offence other than theft, may be compounded by the person in possession of the property trespassed upon.

The BNSS compounding table does not extend that entry to the theft variant under the proviso, or to Section 332(a) or Section 332(b).

Official Legal Sources

For authoritative statutory wording, procedural classification and compounding provisions, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar.

Frequently Asked Questions

What is Section 332 BNS?

Section 332 punishes house-trespass committed in order to commit another offence, with punishment graded according to the seriousness of that intended offence.

What is the punishment under Section 332(a)?

Life imprisonment, or rigorous imprisonment up to ten years, and fine, where the intended offence is punishable with death.

What is the punishment under Section 332(b)?

Imprisonment of either description up to ten years and fine, where the intended offence is punishable with imprisonment for life.

What is the punishment under Section 332(c)?

Imprisonment of either description up to two years and fine. If the intended offence is theft, imprisonment may extend to seven years.

Is Section 332 bailable?

Section 332(a) and 332(b) are non-bailable. Section 332(c) is generally bailable, but the theft variant is non-bailable.

Can Section 332 be compounded?

Section 332(c), where the intended offence is an imprisonable offence other than theft, may be compounded by the person in possession of the property trespassed upon.

This page provides general legal information. The applicable clause depends on the nature of the intended offence and the facts and evidence in the individual case.