(1) 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.
(2) 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 house-trespass 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.
Simplified Explanation
Section 330 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) deals with the offenses of house-trespass and house-breaking, specifically distinguishing between regular house-trespass and the more serious act of house-breaking.
Key Provisions of Section 330:
1. Lurking House-Trespass:
- Definition: A person commits lurking house-trespass when they:
- Enter or remain in a building, tent, or vessel with the intention of committing house-trespass, while also taking precautions to conceal their trespass from a person who has the right to exclude or eject them from that property.
2. House-Breaking:
- Definition: A person commits house-breaking if they commit house-trespass in any of the following ways:
Methods of House-Breaking:
- (a) Entering or exiting through a passage made by the offender or their abettor for the purpose of committing house-trespass.
- (b) Entering or exiting through any passage that is not intended for human entrance or one that the offender or their abettor has accessed by scaling or climbing over walls or buildings.
- (c) Entering or exiting through any passage opened by the offender or their abettor, for the purpose of committing the house-trespass.
- (d) Entering or exiting by opening a lock to facilitate house-trespass or to leave after committing house-trespass.
- (e) Using criminal force or committing assault, or threatening someone with assault, to enter or exit.
- (f) Entering or exiting through a passage that had been fastened against entrance or exit and had been unfastened by the offender or their abettor.
Explanation: This section also clarifies that any out-house or building that is connected to a house via internal communication is considered part of the house for the purposes of this section.
Illustrations of House-Breaking:
- (a) A makes a hole through the wall of Z’s house and puts his hand through. This is house-breaking.
- (b) A sneaks into a ship through a port-hole. This is house-breaking.
- (c) A enters Z’s house through a window. This is house-breaking.
- (d) A enters Z’s house through the door by opening a fastened door. This is house-breaking.
- (e) A enters Z’s house through the door by lifting a latch with a wire. This is house-breaking.
- (f) A finds the lost key of Z’s house and enters with it. This is house-breaking.
- (g) A forces entry into Z’s house by knocking Z down. This is house-breaking.
- (h) A enters Y’s house by threatening Z, the door-keeper, with assault. This is house-breaking.
Summary:
- Lurking House-Trespass is when someone enters property with the intent to trespass but takes steps to conceal their actions.
- House-Breaking is a more serious form of trespass, involving illegal entry or exit from a building in one of several specific ways, such as forcing a passage, using force, or entering through an unintended passage.
- The section covers various methods of house-breaking, emphasizing acts of force, deceit, or unauthorized use of entry/exit points to facilitate the trespass.
