(1) Whoever commits lurking house-trespass 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 for 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.
Simplified Explanation
Section 331 of the Bharatiya Nyaya Sanhita 2023 outlines the punishment for the offenses of lurking house-trespass and house-breaking. Let’s break down each subsection in detail:
Subsection (1)
- Offense: Lurking house-trespass or house-breaking (without any additional aggravating circumstances).
- Punishment: Imprisonment for a term that may extend up to two years, with an option for either rigorous or simple imprisonment. The person will also be liable to pay a fine.
- Lurking house-trespass generally refers to entering someone’s property secretly or stealthily with intent to commit a crime, while house-breaking refers to forcibly entering someone’s property, usually to commit theft.
Subsection (2)
- Offense: Lurking house-trespass or house-breaking committed after sunset but before sunrise (i.e., during nighttime).
- Punishment: Imprisonment for a term up to three years, with the possibility of either rigorous or simple imprisonment, and also a fine.
- The law considers house-trespassing or house-breaking during the night as a more serious offense due to the heightened potential for harm or intimidation.
Subsection (3)
- Offense: Lurking house-trespass or house-breaking committed with the intention to commit another offense punishable by imprisonment (e.g., theft).
- Punishment: Imprisonment for a term up to three years and a fine.
- If the offense intended is theft, the imprisonment term can be extended up to ten years.
- This provision emphasizes the intention behind the house-trespass or house-breaking, making it more serious when done with the purpose of committing a crime like theft.
Subsection (4)
- Offense: Lurking house-trespass or house-breaking after sunset but before sunrise, with the intent to commit another offense punishable by imprisonment.
- Punishment: Imprisonment for a term up to five years and a fine.
- If the intended offense is theft, the punishment can extend to a maximum of fourteen years of imprisonment.
- This clause again adds weight to the seriousness of committing these offenses during nighttime, especially when coupled with the intention to commit further criminal acts.
Subsection (5)
- Offense: Lurking house-trespass or house-breaking, with preparation to cause harm or assault (e.g., causing hurt, wrongful restraint, or putting someone in fear of harm).
- Punishment: Imprisonment for a term up to ten years, with the possibility of either rigorous or simple imprisonment, and also a fine.
- This provision introduces additional criminality when the trespass or break-in is coupled with preparation to harm someone, making it a more severe crime.
Subsection (6)
- Offense: Lurking house-trespass or house-breaking committed at night (after sunset and before sunrise), with the preparation for causing harm or assault.
- Punishment: Imprisonment for up to fourteen years, and a fine.
- This section is harsher when the crime is committed during nighttime, especially when there’s an intention to cause harm or violence, reflecting the danger posed to victims in such situations.
Subsection (7)
- Offense: Lurking house-trespass or house-breaking that results in grievous hurt or an attempt to cause death or grievous injury to any person.
- Punishment: Imprisonment for life, or imprisonment for a term up to ten years, and also a fine.
- The punishment is severe, reflecting the gravity of the harm caused to a person during the offense. The possibility of life imprisonment shows the seriousness of bodily harm or life-threatening violence during such offenses.
Subsection (8)
- Offense: Lurking house-trespass or house-breaking committed at night, where the person causes or attempts to cause death or grievous hurt to someone.
- Punishment: Imprisonment for life, or imprisonment for a term up to ten years, and a fine.
- If multiple people are involved in the offense, all are jointly liable for the same punishment (imprisonment for life or up to ten years).
- The law seeks to hold all participants in a house-trespass or house-breaking offense accountable, especially when it leads to severe harm or attempted murder.
Key Points
- Severity of Punishment: The punishment increases depending on factors like time of commission (day vs. night) and the intent or preparation to cause harm, assault, or commit another crime.
- Intended Offenses: The law is particularly strict when house-trespass or house-breaking is committed with the intention to commit a more serious crime (like theft or causing grievous harm).
- Grievous Harm: Sections dealing with grievous hurt or attempts to kill carry heavy penalties, including life imprisonment.
This section, overall, strengthens the deterrence against house-trespass and house-breaking by increasing punishments in response to the potential harm or criminal activity these offenses might lead to.
