334. (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.
BNS Section 334: Dishonestly breaking open receptacle containing property
Section 334 of the Bharatiya Nyaya Sanhita, 2023 deals with dishonestly breaking open receptacle containing property. It replaces IPC 461, IPC 462 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 334(1) is cognizable and non-bailable; 334(2) is cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 334(1) | Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. | Imprisonment for 2 years, or fine, or both. | Cognizable | Non-bailable | Any Magistrate |
| 334(2) | Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same. | Imprisonment for 3 years, or fine, or both. | Cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 334
IPC sections replaced
- IPC 461: Dishonestly breaking open receptacle containing property
- IPC 462: Punishment for same offence when committed by person entrusted with custody → BNS 334(2)
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