Bharatiya Nyaya Sanhita 2023
Section 331 :
Punishment for house-trespass or housebreaking :
(See section 443, 444, 446, 448, 453, 454, 455, 456, 457, 458, 459, 460 of IPC 1860)
Section : 331(1)
Classification of Offence:
Offence : Lurking house-trespass or housebreaking.
Punishment : Imprisonment for 2 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Section : 331(2)
Classification of Offence:
Offence : Lurking house-trespass or housebreaking by night.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Section : 331(3)
Classification of Offence:
Offence : Lurking house-trespass or housebreaking in order to the commission of an offence punishable with imprisonment.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Offence : If the offence be theft
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 331(4)
Classification of Offence:
Offence : Lurking house-trespass or housebreaking by night in order to the commission of an offence punishable with imprisonment.
Punishment : Imprisonment for 5 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
———
Offence : If the offence is theft
Punishment : Imprisonment for 14 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 331(5)
Classification of Offence:
Offence : Lurking house-trespass or housebreaking after preparation made for causing hurt, assault, etc.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
———
Section : 331(6)
Classification of Offence:
Offence : Lurking house-trespass or housebreaking by night, after preparation made for causing hurt, etc.
Punishment : Imprisonment for 14 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 331(7)
Classification of Offence:
Offence : Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Section : 331(8)
Classification of Offence:
Offence : Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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(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 or 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.
