Bharatiya Nyaya Sanhita, 2023

Section 334 BNS: Dishonestly Breaking Open Receptacle Containing Property

Section 334 of the Bharatiya Nyaya Sanhita, 2023 punishes dishonest or mischievous breaking open or unfastening of a closed receptacle that contains, or is believed to contain, property. A separate and more serious rule applies where the accused was entrusted with the receptacle but had no authority to open it.

Current legal position: Section 334(1) is cognizable, non-bailable and triable by any Magistrate. Section 334(2) is cognizable, bailable and triable by any Magistrate.

Section 334(1) - Breaking Open or Unfastening a Closed Receptacle

Section 334(1) applies where a person dishonestly, or with intent to commit mischief, breaks open or unfastens a closed receptacle that contains property or that the person believes contains property.

The offence does not depend on whether property is actually found inside. The statutory wording also covers a receptacle that the accused believes to contain property.

Section 334(2) - Entrusted Receptacle Opened Without Authority

Section 334(2) applies where a person has been entrusted with a closed receptacle containing, or believed to contain, property, has no authority to open it, and dishonestly or with intent to commit mischief breaks open or unfastens the receptacle.

The additional elements are entrustment and absence of authority to open the receptacle. Because of that relationship of trust, the maximum imprisonment is higher than under sub-section (1).

Essential Ingredients of Section 334 BNS

Section 334(1)

  1. there must be a closed receptacle;
  2. the receptacle must contain property or be believed by the accused to contain property;
  3. the accused must break open or unfasten it; and
  4. the act must be done dishonestly or with intent to commit mischief.

Section 334(2)

  1. the accused must have been entrusted with the closed receptacle;
  2. the receptacle must contain property or be believed to contain property;
  3. the accused must have no authority to open it;
  4. the accused must break open or unfasten it; and
  5. the act must be dishonest or intended to commit mischief.

Meaning of Closed Receptacle and Property

The section uses the broad expression "closed receptacle". Depending on the facts, a locked or otherwise fastened box, chest, container, cupboard, safe or similar enclosure may fall within the ordinary meaning of a receptacle if it is used to contain property.

Whether a particular object is a closed receptacle and whether it contained, or was believed to contain, property are questions that depend on the evidence.

Difference Between Section 334(1) and Section 334(2)

Section 334(1) is the general offence. Section 334(2) applies to a person who was specifically entrusted with the closed receptacle and lacked authority to open it.

The higher maximum term under sub-section (2) reflects that additional element of entrusted custody.

Punishment, Cognizability, Bail and Trial Court

Provision Punishment Cognizable Bailable Trial court
334(1) Imprisonment of either description up to 2 years, or fine, or both Yes No Any Magistrate
334(2) Imprisonment of either description up to 3 years, or fine, or both Yes Yes Any Magistrate

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 does Section 334 BNS punish?

It punishes dishonest or mischievous breaking open or unfastening of a closed receptacle containing, or believed to contain, property.

What is the punishment under Section 334(1)?

Imprisonment of either description up to two years, or fine, or both.

What is the punishment under Section 334(2)?

Where the accused was entrusted with the receptacle but had no authority to open it, imprisonment may extend to three years, or fine, or both.

Is Section 334(1) bailable?

No. It is non-bailable.

Is Section 334(2) bailable?

Yes. It is bailable.

This page provides general legal information. Application of Section 334 depends on the nature of the receptacle, possession or entrustment, authority to open it, the alleged intention and the evidence in the case.