The Bhartiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code (IPC). It aims to modernize criminal laws in India. One such provision is BNS Section 332, which deals with house-trespass committed with an intent to commit an offence. This section plays a critical role in protecting a person’s right to safety and privacy in their home. It criminalizes the act of entering a home unlawfully with a bad intention — not just trespassing, but doing so with a purpose to commit another crime. Let’s break it down in simple language.
What is House-Trespass?
Before we understand BNS Section 332, we must first understand what house-trespass means. House-trespass is when someone illegally enters another person’s house or property. If the intention is criminal — such as theft, assault, or harassment — the trespass becomes more serious.
Understanding BNS Section 332
Bare Text of Section 332
“Whoever commits house-trespass with intent to commit an 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.”
Let’s simplify this. If someone breaks into another person’s house with the intention of committing any offence (for example, theft, hurt, or cheating), they can be jailed for up to 3 years. They may also be asked to pay a fine.
Key Elements of BNS Section 332
To apply this section, the following must be proved:
- Unlawful Entry: The accused entered a house or building unlawfully.
- Intent to Commit Offence: The purpose of entry was to commit a crime.
- Punishable Offence: The intended crime should be punishable by imprisonment.
If these elements are proved, the person can be convicted under BNS Section 332 House-trespass in order to commit offence.
Difference from Simple Trespass
Trespass means simply entering property without permission. But BNS Section 332 is more serious. It is not just about entry — it is about entry with criminal intent. For example, sneaking into a house to steal jewellery or to hurt someone is house-trespass with intent to commit offence.
Illustration
Ravi climbs into Meena’s house through the window at night intending to steal her gold chain. He is caught by neighbours and handed to the police. Here, Ravi committed:
- House-trespass, and
- Had intent to commit theft (an offence punishable with imprisonment)
So, he can be charged under BNS Section 332.
BNS Section 332 Case Laws
1. State of Maharashtra v. Santosh Dattatray Pawar, 2009
In this case, the accused entered a woman’s house late at night with intent to outrage her modesty. The court held that since he entered with a criminal intention, it was not simple trespass. It was house-trespass with intent to commit an offence. Even though no theft occurred, his intention was clear. So, he was convicted under similar provisions (under IPC, now reflected under BNS Section 332).
2. Kedar Singh v. State of U.P., AIR 1965 SC 1331
This was a landmark judgment where the Supreme Court held that even attempting to enter a house with the intention of committing an offence may invite liability under house-trespass laws. The motive behind the entry matters — not just the act.
Punishment under BNS Section 332
- Imprisonment: Up to 3 years
- Fine: Can also be imposed
- Nature of Offence: It is a cognizable and bailable offence.
- Triable by: Any Magistrate
Why BNS Section 332 is Important
In India, home is considered sacred. The law protects people not just from theft, but from any violation of their privacy and safety. Section 332 House-trespass in order to commit offence ensures that offenders cannot escape by calling it “just a trespass.” If their intention is to commit a bigger offence, they will face strict action. This provision also helps the police act fast when there’s a threat to someone’s life or property.
Short Note on BNS Section 332
- Section 332 punishes those who enter someone’s house with criminal intent.
- Maximum punishment is 3 years’ imprisonment and fine.
- It is a bailable and cognizable offence.
- Intent to commit an offence is the key ingredient.
- It protects citizens from crimes inside their private spaces.
Modern Implications
With increasing urban crimes like burglary and assault inside homes, this section becomes even more relevant. CCTV footage, call records, and social media can help prove intention, which is crucial under Section 332. Courts are now using digital evidence to decide whether the accused had a criminal purpose.
Conclusion
Section 332 House-trespass in order to commit offence is a crucial part of India’s new criminal law framework. It strengthens the protection of private spaces. It ensures that those who enter homes with evil intentions are punished, even if their plan fails. By focusing on intention, the law sends a strong message — our homes are not open to crime, and the law stands guard.
Disclaimer
This article is for general awareness and educational purposes only. It does not constitute legal advice. For any specific legal queries or situations, please consult a qualified legal professional.
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