(1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Simplified Explanation
Section 334 of the Bharatiya Nyaya Sanhita 2023 addresses the offense of dishonestly breaking open or unfastening a closed receptacle containing property. The section outlines two distinct situations and corresponding punishments based on the nature of the offense. Let’s break down the section:
Subsection (1):
- Offense: A person dishonestly or with the intent to commit mischief breaks open or unfastens a closed receptacle that contains or that they believe contains property.
- A receptacle refers to a container or any sealed object that holds something (like a box, safe, or chest).
- Dishonestly implies an intent to deceive or act in bad faith, while intent to commit mischief involves breaking or opening the receptacle to cause damage, destruction, or loss.
- Punishment:
- Imprisonment: The person may be punished with imprisonment of either description (rigorous or simple) for a term that may extend to two years.
- Fine: Alternatively, the person may be fined, or the court may impose both imprisonment and a fine.
- This provision applies when the person doesn’t have lawful authority to open the receptacle but does so with the intent to misappropriate, damage, or destroy the property inside. Even if the person believes the receptacle contains property, the law still applies.
Subsection (2):
- Offense: A person who has been entrusted with a closed receptacle that contains property (or that they believe contains property) and dishonestly or with the intent to commit mischief breaks open or unfastens the receptacle without authority.
- This subsection applies when a person is given responsibility over a receptacle but is not authorized to open it. For example, an employee entrusted with a safe or box but with no authority to open it would fall under this provision if they break into it.
- Punishment:
- Imprisonment: The person may be punished with imprisonment of either description (rigorous or simple) for a term that may extend to three years.
- Fine: The person may also be liable to a fine, or both imprisonment and fine can be imposed.
- This section is more serious than the first one because the person was entrusted with the receptacle and therefore had a greater responsibility. Breaking into it without authorization and with dishonest intent or to cause mischief is considered a more severe offense.
Key Points:
- Dishonesty or Mischief: Both sections emphasize that the act of breaking open or unfastening the receptacle must be done dishonestly or with the intent to cause mischief (e.g., damage, destruction, or loss of property).
- Difference Between the Two Subsections: The first subsection applies when someone breaks into a receptacle without any prior trust or responsibility over it, whereas the second subsection applies when the person has been entrusted with the receptacle but exceeds their authority by opening it.
- Punishment: The punishment in both subsections includes imprisonment (up to two years in the first case, and up to three years in the second), along with the possibility of a fine. The second subsection, involving breach of trust, carries a more severe penalty.
This section is aimed at preventing dishonesty and mischief in relation to property that is secured within receptacles, highlighting the seriousness of both unauthorized access and breach of trust.
