Section 330 BNS: House-trespass And House-breaking

Table of Contents

Section 330 BNS | BNS 330 | BNS Section 330

330(1) BNS

Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.

330(2) BNS

A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely:—

(a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass;

(b) if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;

(c) if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened;

(d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass;

(e) if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;

(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation— Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.

(d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.

(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits housetrespass by entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

READ OTHER SECTIONS OF CHAPTER XVII — OF OFFENCES AGAINST PROPERTY

Section No.	Section Title
	Of Theft
303	Theft.
304	Snatching.
305	Theft in a dwelling house, or means of transportation or place of worship, etc.
306	Theft by clerk or servant of property in possession of master.
307	Theft after preparation made for causing death, hurt or restraint in order to committing of theft.
	Of Extortion
308	Extortion.
	Of Robbery And Dacoity
309	Robbery.
310	Dacoity.
311	Robbery, or dacoity, with attempt to cause death or grievous hurt.
312	Attempt to commit robbery or dacoity when armed with deadly weapon.
313	Punishment for belonging to gang of robbers, etc.
	Of Criminal Misappropriation Of Property
314	Dishonest misappropriation of property.
315	Dishonest misappropriation of property possessed by deceased person at the time of his death.
	Of Criminal Breach Of Trust
316	Criminal breach of trust.
	Of Receiving Stolen Property
317	Stolen property.
	Of Cheating
318	Cheating.
319	Cheating by personation.
	Of Fraudulent Deeds And Dispositions Of Property
320	Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
321	Dishonestly or fraudulently preventing debt being available for creditors.
322	Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
323	Dishonest or fraudulent removal or concealment of property.
	Of Mischief
324	Mischief.
325	Mischief by killing or maiming animal.
326	Mischief by injury, inundation, fire or explosive substance, etc.
327	Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
328	Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
	Of Criminal Trespass
329	Criminal trespass and house-trespass.
330	House-trespass and house-breaking.
331	Punishment for house-trespass or house-breaking.
332	House-trespass in order to commit offence.
333	House-trespass after preparation for hurt, assault or wrongful restraint.
334	Dishonestly breaking open receptacle containing property.