Punishment for house-trespass or house-breaking
Section 331 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for house-trespass or house-breaking. 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. The Act came into force on 01 Jul 2024.
(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.
Section 331, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 444 Lurking house-trespass by night Close, with changes 65%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 7
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 243
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 283
- s. 212 Furnishing false information
- s. 240 Giving false information respecting an offence committed
- s. 249 Harbouring offender
- Bharatiya Nagarik Suraksha Sanhita s. 243 Trial for more than one offence
- Bharatiya Nagarik Suraksha Sanhita s. 283 Power to try summarily
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 10 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Lurking house-trespass or house-breaking. | Imprisonment for 2 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| Lurking house-trespass or house-breaking by night. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 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. |
| If the offence be theft. | Imprisonment for 10 years. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 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. |
| If the offence be theft. | Imprisonment for 14 years. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 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. |
| 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. |
| Grievous hurt caused whilst committing lurking house-trespass or house-breaking. | Imprisonment for life, or imprisonment for 1 0 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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ROHIT vs State of Punjab
Court's Decision & Legal Precedent
When an accused is charged with a serious offense but the prosecution evidence is weak (particularly lacking eyewitness identification at the spot), the allegations are yet to be proved, the challan has not been presented, and trial will take considerable time, bail should be granted applying the principle that bail is a rule and jail is an exception, as continued custody serves no useful purpose and places an unnecessary burden on the state exchequer.
On this section: Offense of house breaking and theft; the accused is charged under this section for allegedly breaking into the complainant's house and stealing valuables
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SI of Police Srivaikundam PS Cr.No. 195-24 ( Bail u -s 480 Crpc) vs Karuppasamy
Court's Decision & Legal Precedent
An accused with prior criminal history and serious charges may be granted bail if the investigation has progressed substantially, case property has been recovered, the accused has demonstrated regular appearance in prior cases, and stringent conditions are imposed to ensure appearance, prevent further offenses, and protect witnesses. The court must balance the gravity of charges and criminal history against investigation progress and the accused's cooperation record.
On this section: Substantive criminal charges related to theft, burglary, and criminal intimidation
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Dwarka Das vs State and Anr.
Decided under Indian Penal Code 453, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving disputed land ownership where criminal trespass charges are based on conflicting claims regarding gift deeds and land rights, the High Court should not summarily quash the FIR but should direct the Investigating Agency to conduct thorough investigation including proper land demarcation through revenue records and fair consideration of the accused's defence regarding valid gift deeds before concluding the investigation.
On this section: Lurking house-trespass or house-breaking - charge against petitioner; court noted no incriminating evidence found by police
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Hence, there is a threat of arrest to the petitioners. 4. Learned counsel for the petitioners/accused Nos.2 & 3 submits that the petitioners/accused Nos.2 & 3 have not committed any offence and they were falsely implicated in the present crime and the ingredients of Sections 331 (3) of Bharatiya Nyaya Sanhita (BNS) is not at all applicable to the facts and circumstances of the case. He further submitted that since the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years, Police ought to have follow the procedure laid down under Section 35(3) …
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… In the present case, the petitioner seeks bail in connection with Jalalpur P.S. Case No. 278 of 2024 registered on 15.12.2024 for the alleged offences under Sections 305, 331(4) of Bharatiya Nyaya Sanhita, 2023. > 03. As per prosecution case, a theft was committed in a temple and the thief took away loudspeaker machine and ornaments of the statue of God. The name of petitioner transpired during investigation for being involved in the theft. > 04. Learned counsel for the petitioner …
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… This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 769/2024 registered at Police Station – Gandhi Nagar, District - Sarguja (C.G.) for the offence punishable under Sections 115(2), 191(2), 331(2) of Bharatiya Nyaya Sanhita, 2023. - 2. The prosecution story, in brief, is that on the incident date 24.12.2024 at 09:00 pm, accused Pawan Bain along with other companions entered the complainant's house, abused him obscenely, beat him with sticks and iron rods and took away Rs 3-4 lakh kept in the cupboard. …
Questions about Section 331
What have the courts held on Section 331 of the Bharatiya Nyaya Sanhita?
ROHIT vs State of Punjab (03 Jan 2026) is the leading judgment on this section among those set out below: Offense of house breaking and theft; the accused is charged under this section for allegedly breaking into the complainant's house and stealing valuables. Another 2 judgments on this section are set out below. They run from 2016 to 2026.
Is Section 331 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 331 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 331 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 331, section 331 BNS, section 331 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 331 4 in hindi and bns 331 3 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with ROHIT vs State of Punjab (03 Jan 2026).
What should I read with Section 331 of the Bharatiya Nyaya Sanhita, and has it changed?
7 other provisions in this corpus refer back to it. It carries forward IPC 444 (Lurking house-trespass by night), so the judgments decided under that provision are the case law on this one.
When did Section 331 of the Bharatiya Nyaya Sanhita come into force?
Section 331 of the Bharatiya Nyaya Sanhita, cited as BNS 331, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.