BNS Section 330- House-trespass and house-breaking | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 330 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
House-trespass and house-breaking.—(1) Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.
(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely:—
if he enters or quits through a passage made by himself, or by any abettor of the house- trespass, in order to the committing of the house-trespass;
if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;
if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened;
if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass;
if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;
if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.—Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations.
A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand
through the aperture. This is house-breaking.
A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
A commits house-trespass by entering Z’s house through a window. This is house-breaking.
A commits house-trespass by entering Z’s house through the door, having opened a door which
was fastened. This is house-breaking.
A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting
a wire through a hole in the door. This is house-breaking.
A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s
house, having opened the door with that key. This is house-breaking.
Z is standing in his doorway. A forces a passage by knocking Z down, and commits house- trespass by entering the house. This is house-breaking.
Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
Procedural Details
Punishment
Definition / General Principle / Repealed
Nature of Offense
N/A
Bail Eligibility
N/A
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
N/A
Frequently Asked Questions about BNS Section 330
What is Section 330 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: House-trespass and house-breaking.—(1) Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass.
(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely:—
if he enters or quits through a passage made by himself, or by any abettor of the house- trespass, in order to the committing of the house-trespass;
if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;
if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened;
if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass;
if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;
if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.—Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations.
A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand
through the aperture. This is house-breaking.
A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
A commits house-trespass by entering Z’s house through a window. This is house-breaking.
A commits house-trespass by entering Z’s house through the door, having opened a door which
was fastened. This is house-breaking.
A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting
a wire through a hole in the door. This is house-breaking.
A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s
house, having opened the door with that key. This is house-breaking.
Z is standing in his doorway. A forces a passage by knocking Z down, and commits house- trespass by entering the house. This is house-breaking.
Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
What is the punishment under BNS Section330 ?
The punishment for this specific offense is outlined under the new law as: Definition / General Principle / Repealed
Is BNS Section 330 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a N/Aoffense.
Is BNS Section 330 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isN/A.
Which court has the jurisdiction to try cases under BNS Section 330 ?
Cases pertaining to this specific BNS section are triable by the N/A.
Can BNS Section 330 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
Pramod Editor-in-Chief
Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.