Bharatiya Nyaya Sanhita, 2023
Section 330 BNS: Lurking House-Trespass and House-Breaking
Section 330 of the Bharatiya Nyaya Sanhita, 2023 defines two aggravated forms of house-trespass: lurking house-trespass and house-breaking. It also specifies six statutory ways in which house-breaking may be committed and gives an Explanation and eight illustrations.
Section 330(1) - Lurking House-Trespass
Lurking house-trespass is committed when a person commits house-trespass after taking precautions to conceal that house-trespass from a person who has a right to exclude or eject the trespasser from the building, tent or vessel concerned.
The additional element distinguishing lurking house-trespass from ordinary house-trespass is the taking of precautions to conceal the trespass from a person legally entitled to prevent or terminate it.
Section 330(2) - House-Breaking
A person commits house-breaking if he commits house-trespass and either enters the house or a part of it in one of the six statutory ways, or, while inside for the purpose of committing an offence or after committing an offence there, leaves the house or part of it in one of those ways.
The Six Statutory Ways of House-Breaking
Section 330(2)(a) - Passage made for the trespass
Entry or exit through a passage made by the accused or an abettor of the house-trespass for the purpose of committing the house-trespass.
Section 330(2)(b) - Passage not intended for human entrance or access by scaling
Entry or exit through a passage not intended for human entrance, except by the accused or an abettor, or through a passage reached by scaling or climbing over a wall or building.
Section 330(2)(c) - Passage improperly opened
Entry or exit through a passage opened by the accused or an abettor for committing the house-trespass by a means by which the occupier did not intend that passage to be opened.
Section 330(2)(d) - Opening a lock
Entry or exit by opening a lock for the purpose of committing house-trespass or for leaving the house after house-trespass.
Section 330(2)(e) - Criminal force, assault or threat of assault
Entry or departure effected by using criminal force, committing an assault, or threatening any person with assault.
Section 330(2)(f) - Unfastening a passage known to be fastened
Entry or exit through a passage that the accused knows was fastened against such entry or departure and that was unfastened by the accused or an abettor of the house-trespass.
Explanation - Connected Out-House or Building
Any out-house or building occupied with a house and having immediate internal communication with that house is treated as part of the house for the purpose of Section 330.
Statutory Illustrations
Relationship With Section 329 BNS
Section 329 BNS defines criminal trespass and house-trespass. Section 330 builds on that foundation by defining the aggravated forms of lurking house-trespass and house-breaking.
Therefore, house-breaking under Section 330 presupposes conduct that first amounts to house-trespass.
Punishment Is Provided Under Section 331 BNS
Section 330 does not prescribe a separate punishment. The punishment depends on the particular form of lurking house-trespass or house-breaking falling under Section 331 BNS.
| Section 331 category | Maximum punishment / consequence | General procedural position |
|---|---|---|
| 331(1) | Up to 2 years and fine | Cognizable, non-bailable, any Magistrate |
| 331(2) | Up to 3 years and fine | Cognizable, non-bailable, any Magistrate |
| 331(3) | Up to 3 years and fine; if intended offence is theft, up to 10 years | Cognizable and non-bailable; court varies with theft category |
| 331(4) | Up to 5 years and fine; if intended offence is theft, up to 14 years | Cognizable and non-bailable; court varies with theft category |
| 331(5) | Up to 10 years and fine | Cognizable, non-bailable, Magistrate of the first class |
| 331(6) | Up to 14 years and fine | Cognizable, non-bailable, Magistrate of the first class |
| 331(7) | Life imprisonment, or up to 10 years and fine | Cognizable, non-bailable, Court of Session |
| 331(8) | Life imprisonment, or up to 10 years and fine | Cognizable, non-bailable, Court of Session |
The precise punishment depends on the facts, including whether the offence was committed by night, whether another imprisonable offence was intended, whether preparation was made for hurt or assault, and whether grievous hurt or death occurred.
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 lurking house-trespass under Section 330 BNS?
It is house-trespass committed after taking precautions to conceal the trespass from a person who has a right to exclude or eject the trespasser.
What is house-breaking under Section 330 BNS?
House-breaking is house-trespass where entry into or exit from the house takes place in one of the six statutory ways specified in Section 330(2).
Does Section 330 itself prescribe punishment?
No. Section 330 defines lurking house-trespass and house-breaking. Punishment is provided under Section 331 BNS according to the circumstances of the offence.
Is opening a locked door capable of amounting to house-breaking?
Yes. Entry or exit by opening a lock for committing house-trespass or leaving after house-trespass is one of the six statutory modes.
Can entry through a window amount to house-breaking?
Yes. The statutory illustrations expressly include entering a house through a window as house-breaking.
This page provides general legal information. The applicable punishment and procedure depend on the particular Section 331 category and the facts and evidence of the case.