Bharatiya Nyaya Sanhita: Section 333 – House-trespass after preparation for hurt, assault or wrongful restraint

Whoever commits house-trespass, 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 seven years, and shall also be liable to fine.

Simplified Explanation

Section 333 of the Bharatiya Nyaya Sanhita 2023 addresses the offense of house-trespass committed with the preparation to cause harm or violence. This section focuses on situations where a person commits house-trespass with the intention to cause hurt, assault, wrongful restraint, or fear of harm to another person. Here’s a breakdown of the section:

Offense:

• The offense in question is house-trespass, but the punishment is more severe when the person committing the trespass has made preparations to cause:
  1. Hurt to another person (physical injury).
  2. Assault (intentionally causing someone to fear immediate physical harm).
  3. Wrongful restraint (preventing someone from moving freely or wrongfully detaining them).
  4. Putting someone in fear of hurt, assault, or wrongful restraint (creating an atmosphere of fear in the victim).
• This provision focuses not just on trespassing but on the intent to cause harm through preparation for violence or restraint. The preparation can include actions such as carrying weapons, blocking exits, or setting up conditions that will enable the harm or restraint.

Punishment:

• Imprisonment: The person can be punished with imprisonment of either description (rigorous or simple) for a term that may extend up to seven years.
• Fine: In addition to imprisonment, the person will also be liable to pay a fine.

Purpose of this Provision:

• The section is designed to deter people from trespassing with the intent to commit violent or harmful acts, especially when there’s preparation involved. The punishment reflects the danger to the victim and the premeditated nature of the offense.
• Preparation for violence is considered an aggravating factor, which is why the punishment is harsher compared to ordinary house-trespass (which may be punishable with less severe penalties).

Key Points:

• Aggravated Trespass: This section increases the severity of punishment for house-trespass when there is preparation to commit violent acts such as causing hurt, assault, wrongful restraint, or instilling fear of such acts in the victim.
• Focus on Intention: The law emphasizes the intent behind the trespass—when the intent is to harm or restrain someone, the punishment is significantly more severe.
• Range of Punishments: The punishment can extend to seven years of imprisonment, and the fine adds an additional deterrent. The law also allows for either rigorous or simple imprisonment depending on the circumstances.

Overall, Section 333 strengthens the law against house-trespass by increasing penalties when it is accompanied by preparatory actions to commit violence or illegal restraint. It reflects the state’s interest in protecting individuals from harm and upholding public safety.