Bharatiya Nyaya Sanhita, 2023
Section 333 BNS: House-Trespass After Preparation for Hurt, Assault or Wrongful Restraint
Section 333 of the Bharatiya Nyaya Sanhita, 2023 punishes house-trespass committed after preparation has been made to cause hurt, commit assault, wrongfully restrain a person, or put a person in fear of hurt, assault or wrongful restraint.
Section 333 BNS - Statutory Provision
Section 333 applies where a person commits house-trespass after having made preparation for causing hurt to any person, assaulting any person, wrongfully restraining any person, or putting any person in fear of hurt, assault or wrongful restraint.
The aggravated feature is the preparation made before or in connection with the house-trespass. The provision does not require that hurt, assault or wrongful restraint must actually be carried out if the required preparation and house-trespass are established.
Meaning of House-Trespass
House-trespass is dealt with in Section 329 BNS. In general terms, it is criminal trespass committed by entering into or remaining in a building, tent or vessel used as a human dwelling, a place of worship, or a place for custody of property.
Section 333 builds on that underlying offence and adds the aggravating element of prior preparation for violence, restraint or fear.
Essential Ingredients of Section 333 BNS
The main ingredients are:
- the accused must commit house-trespass;
- before or in connection with that house-trespass, the accused must have made preparation for one or more of the acts specified in the section;
- the preparation may be for causing hurt, assaulting a person, wrongfully restraining a person, or putting a person in fear of any of those acts; and
- the preparation must be connected with the house-trespass and not be a wholly unrelated circumstance.
Preparation for Hurt, Assault or Wrongful Restraint
The section expressly covers preparation for causing hurt, assaulting a person or wrongfully restraining a person. This makes the offence more serious than ordinary house-trespass because it shows an added readiness to use force, violence or restraint.
The prosecution must prove the preparation from the surrounding facts and evidence. Mere suspicion that violence might have occurred is not the same as proof that preparation had actually been made.
Preparation to Put a Person in Fear
Section 333 also covers preparation to put a person in fear of hurt, assault or wrongful restraint. Therefore, the aggravating preparation may relate to threatened or anticipated violence or restraint, even where the intended means are designed primarily to create fear.
Punishment, Cognizability, Bail and Trial Court
| Provision | Section 333 BNS |
|---|---|
| Offence | House-trespass after preparation for hurt, assault, wrongful restraint or fear thereof |
| Punishment | Imprisonment of either description up to seven years and fine |
| Cognizable | Yes |
| Bailable | No - non-bailable |
| Trial court | Any Magistrate |
Difference From Sections 331 and 332 BNS
Section 331 BNS deals with lurking house-trespass or house-breaking and includes aggravated forms involving preparation for hurt, assault or wrongful restraint. Those offences can carry higher punishment depending on the circumstances.
Section 332 BNS applies where house-trespass is committed in order to commit another offence. Section 333 instead specifically focuses on preparation for hurt, assault, wrongful restraint or fear of those acts.
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. The official BNS and BNSS materials prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What does Section 333 BNS punish?
It punishes house-trespass committed after preparation has been made for causing hurt, assault, wrongful restraint or putting a person in fear of such hurt, assault or restraint.
What is the punishment under Section 333 BNS?
The punishment is imprisonment of either description up to seven years and fine.
Is Section 333 BNS cognizable?
Yes. It is cognizable.
Is Section 333 BNS bailable?
No. It is non-bailable.
Which court tries Section 333 BNS?
The offence is triable by any Magistrate.
Must actual hurt be caused for Section 333 to apply?
The statutory wording focuses on house-trespass after preparation for hurt, assault, wrongful restraint or fear thereof. Actual infliction of hurt is not stated as a necessary ingredient of Section 333 itself.
This page provides general legal information. Application of Section 333 depends on the facts, evidence and law applicable to the individual case.