331. (1) Whoever commits lurking housetrespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. (2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. (4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. (5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine. (6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. (7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 454 in BNS: Section 331(3)
Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment
Section 454 of the Indian Penal Code, 1860 (Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment) corresponds to Section 331(3) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 331(3) is cognizable, non-bailable, triable by Any Magistrate; punishment: Imprisonment for 3 years and fine.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 331(1) | Lurking house-trespass or house-breaking. | Imprisonment for 2 years and fine. | Cognizable | Non-bailable | Any Magistrate |
| 331(2) | Lurking house-trespass or house-breaking by night. | Imprisonment for 3 years and fine. | Cognizable | Non-bailable | Any Magistrate |
| 331(3) | Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment. | Imprisonment for 3 years and fine. | Cognizable | Non-bailable | Any Magistrate |
| 331(3) | If the offence be theft. | Imprisonment for 10 years. | Cognizable | Non-bailable | Magistrate of the first class |
| 331(4) | Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. | Imprisonment for 5 years and fine. | Cognizable | Non-bailable | Any Magistrate |
| 331(4) | If the offence be theft. | Imprisonment for 14 years. | Cognizable | Non-bailable | Magistrate of the first class |
| 331(5) | Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc. | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class |
| 331(6) | Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc. | Imprisonment for 14 years and fine. | Cognizable | Non-bailable | Magistrate of the first class |
| 331(7) | Grievous hurt caused whilst committing lurking house-trespass or house-breaking. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 331(8) | Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 331(3)
Full BNS Section 331 and every IPC section it replaced →
Other IPC sections now in BNS 331
- IPC 453: Punishment for lurking house-trespass or house- breaking → BNS 331
- IPC 455: Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint → BNS 331(5)
- IPC 456: Punishment for lurking house-trespass or house- breaking by night → BNS 331(2)
- IPC 457: Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment → BNS 331(4)
- IPC 458: Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint → BNS 331(6)
- IPC 459: Grievous hurt caused whilst committing lurking house-trespass or house-breaking → BNS 331(7)
- IPC 460: All persons jointly concerned in lurking house- trespass or house-breaking by night punishable where death or grievous hurt caused by one of them → BNS 331(8)
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