Whoever commits house-trespass in order to the committing of any offence—
(a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine;
(b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine;
(c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine:
Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.
Simplified Explanation
Section 332 of the Bharatiya Nyaya Sanhita 2023 deals with the offense of house-trespass committed with the intent to commit another offense. The law categorizes punishments based on the type of offense that the trespasser intends to commit. Here’s a breakdown of the section:
Subsection (a):
- Offense: House-trespass committed with the intent to commit an offense that is punishable with death.
- Punishment: Imprisonment for life or rigorous imprisonment for a term not exceeding ten years, and a fine.
- This applies to serious crimes that could lead to the death penalty. The punishment for house-trespass in such cases is substantial, reflecting the seriousness of the intended crime.
Subsection (b):
- Offense: House-trespass committed with the intent to commit an offense that is punishable with imprisonment for life.
- Punishment: Imprisonment for a term not exceeding ten years, either rigorous or simple, and a fine.
- If the person intends to commit a crime that could lead to a life sentence, the law provides for significant punishment (up to 10 years of imprisonment), reflecting the severity of the crime being planned.
Subsection (c):
- Offense: House-trespass committed with the intent to commit an offense punishable with imprisonment (other than death or life imprisonment).
- Punishment: Imprisonment for a term that may extend to two years, with an option for either rigorous or simple imprisonment, and also a fine.
- This is the general provision for less serious offenses that may only result in imprisonment (i.e., not life imprisonment or death). The punishment is up to two years of imprisonment, but it can be extended in cases of theft.
Proviso (for theft):
- Exception: If the intended offense is theft, the term of imprisonment may be extended up to seven years.
- This provision highlights the increased seriousness of house-trespass when it’s committed with the intention of stealing, particularly when the thief enters with the specific aim of theft.
Key Points:
- Aggravating Factors: The punishment for house-trespass increases based on the severity of the intended crime. The law recognizes that house-trespass is more serious when it is committed as part of planning a major crime.
- Theft as an Exception: The law imposes a more severe penalty (up to seven years of imprisonment) when the intended crime is theft, even if the general punishment for the underlying offense is less severe.
- Range of Punishments: The section sets out different penalties based on whether the intended offense is punishable by death, life imprisonment, or imprisonment (with theft being a special case for increased punishment).
This section aims to deter people from committing house-trespass with the intent to commit serious crimes by imposing significant penalties. It also provides flexibility by specifying penalties based on the severity of the planned crime, with theft being treated as a particularly serious outcome of house-trespass.
