Section 331 BNS: Punishment For House-trespass Or House-breaking

Table of Contents

Section 331 BNS | BNS 331

331(1) BNS

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.

331(2) BNS

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.

331(3) BNS

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.

331(4) BNS

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.

331(5) BNS

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.

331(6) BNS

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.

331(7) BNS

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.

331(8) BNS

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.

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 hous-ebreaking.
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.

Read all the chapters of the Bharatiya Nyaya Sanhita 2023

FAQs of BNS Section 331

331 BNS punishment and fine

Punishment and fine under Section 331 of the BNS—

331(1): Imprisonment for 2 years and fine.
331(2): Imprisonment for 3 years and fine.
331(3): Imprisonment for 3 years and fine, If the offence be theft, Imprisonment for 10 years.
331(4): Imprisonment for 5 years and fine, If the offence be theft, Imprisonment for 14 years.
331(5): Imprisonment for 10 years and fine.
331(6): Imprisonment for 14 years and fine.
331(7): Imprisonment for life, or imprisonment for 10 years and fine.
331(8): Imprisonment for life, or imprisonment for 10 years and fine.
331 BNS cognizable or not

The offence under Section 331(1), 331(2), 331(3), 331(4), 331(5), 331(6), 331(7) and 331(8) of the BNS is cognizable.
331 BNS bailable or not

The offence under Section 331(1), 331(2), 331(3), 331(4), 331(5), 331(6), 331(7) and 331(8) of the BNS is non-bailable.
331 BNS trial court

Offence specified in the sub-sections of Section 331 BNS is triable by court as given below—

331(1): Any Magistrate.
331(2): Any Magistrate.
331(3): Any Magistrate, If the offence be theft, the offence is triable by Magistrate of the first class.
331(4): Any Magistrate, If the offence be theft, the offence is triable by Magistrate of the first class.
331(5): Magistrate of the first class.
331(6): Magistrate of the first class.
331(7): Court of Session.
331(8): Court of Session.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).