Section 332 of BNS – House Trespass to Commit an Offence
Section 332 of BNS punishes intentional house trespass committed to commit offences punishable with life imprisonment.
Section 332 of BNS - House Trespass to Commit an Offence
The Section 332 of the Bharatiya Nyaya Sanhita, 2023, defines punishment for house trespass committed with intent to carry out another offence.
This section protects private dwellings and properties against offenders who unlawfully enter with the purpose of committing serious punishable crimes inside them.
It consolidates earlier provisions of the Indian Penal Code, particularly Sections 449, 450, and 451, and modernizes legal clarity within property crimes.
People accused under this section should understand its meaning, scope, punishment structure, and relationship with associated property and trespass offences under the BNS.
For professional legal defence or advice, one should immediately consult an experienced criminal lawyer for timely action and anticipatory bail.
Meaning and Legal Scope of Section 332 of BNS
Section 332 criminalizes house trespass committed “in order to the committing of an offence,” even when that offence remains incomplete afterward.
An act is considered committed “in order to the committing of an offence” if it is done with the purpose of committing it.
Therefore, even an incomplete offence qualifies under Section 332 if the entry or act was done to fulfil that intended crime.
This principle emphasizes the intention behind trespass rather than the successful execution of the intended offence within the trespassed premises.
Section 332 primarily safeguards human dwellings, residential houses, and enclosed spaces where unlawful entry with criminal intent threatens privacy or safety.
Ingredients of the Offence under Section 332 of BNS
The first essential ingredient is house trespass, meaning unlawful entry into any human dwelling or property used for custody of valuable possessions.
The second ingredient is the intention to commit a further offence, making mere entry insufficient unless there is a connected criminal purpose.
The third ingredient demands proof of a link between entry and offence, showing that the trespass occurred specifically to facilitate another crime.
The fourth ingredient involves the nature of the intended offence, determining the exact punishment applicable under different clauses of Section 332.
Clause-wise Punishment under Section 332 of BNS
Clause (a) – Intention to commit an offence punishable with death
If a person enters a house intending to commit an offence punishable with death, the punishment is life imprisonment or ten years.
Such punishment may also include a fine, depending on judicial discretion and the seriousness of the attempted or intended offence concerned.
Clause (b) – Intention to commit an offence punishable with life imprisonment
Section 332(b) prescribes imprisonment up to ten years with fine when the intended offence carries punishment of life imprisonment.
However, courts examine the actual act before applying Section 332(b) if the alleged offence fails to justify life imprisonment.
For example, in one case, the accused assaulted the complainant with a chopper causing only a simple injury without grave consequences.
Since the injury was minor and did not warrant life imprisonment, Section 332(b) was held not applicable to the accused.
Clause (c) – Intention to commit an offence punishable with imprisonment
Where the intended offence is punishable with imprisonment other than life, the punishment may extend to two years and fine.
If the offence intended is theft, however, imprisonment may extend to seven years, reflecting legislative intent to deter burglary-related crimes.
Judicial Illustration of Section 332(b) of BNS
In a notable case, the accused entered the deceased’s house and killed him using a sword blow witnessed directly by his wife.
The wife lodged a First Information Report within three hours, confirming the accused’s entry and intentional commission of a grave offence.
The court held the accused guilty under Sections 450 and 302 of the Indian Penal Code, now covered under Section 332(b) of BNS.
The ruling confirmed that when house trespass directly leads to murder, it clearly satisfies the purposeful entry to commit an offence.
This precedent reinforces that intention and purpose are decisive in determining guilt under Section 332 rather than mere physical entry.
Practical Interpretation and Importance
Section 332 highlights the protective nature of criminal law toward residential sanctity, privacy, and peaceful possession of personal dwellings.
The section ensures citizens remain safe from intruders who unlawfully enter private property intending to commit heinous or life-endangering acts like POCSO Offences.
It bridges the gap between mere trespass and aggravated forms of criminal intrusion associated with planned offences inside houses or secured places.
Prosecution must prove that the accused entered or remained unlawfully with specific criminal intent corresponding to the targeted offence category.
Without intent evidence, courts may reduce the charge to simple trespass or allied lesser offences under property or assault categories.
Relation to Earlier Penal Code Provisions
Before BNS, similar offences were defined in Sections 449 to 451 of the Indian Penal Code, 1860, focusing on house trespass.
The BNS unifies and simplifies these provisions, retaining the essence while ensuring consistency with modern terminology and punishment classification.
This modern drafting helps courts and investigators apply the law efficiently, avoiding interpretational overlaps and ambiguity seen under previous legislation.
Procedural Aspects and Trial Competence under section 332 of BNS
Offences under Section 332(a) and (b) are triable by the Court of Session because they involve grave punishments and serious intent.
Where offences fall under Section 332(c), cases may be tried by a Judicial Magistrate First Class, depending on offence gravity and evidence.
Bail consideration depends upon the offence intended; serious intentions may render the offence non-bailable, requiring judicial discretion and evidence analysis.
Legal counsel becomes critical at the early stage; one should promptly seek anticipatory bail and criminal lawyer in Jaipur for protection.
Key Observations and Summary Points of Section 332 of BNS
Section 332 punishes house trespass committed with intent to commit any offence, regardless of whether the offence actually occurred.
The words “in order to” indicate actions done with the purpose of committing the intended offence inside the trespassed premises.
Punishment depends on the intended offence’s gravity: death-punishable, life-imprisonment, or lesser offences including theft-related acts.
Intent is the cornerstone; prosecution must prove the purpose beyond reasonable doubt to ensure valid conviction under Section 332.
Judicial precedents illustrate application boundaries, particularly when alleged acts cause minor injuries or do not justify life imprisonment.
Section 332 strengthens property and home protection by combining deterrence with proportionate punishment based on criminal motive.
Frequently Asked Questions (FAQs)
Q1. What does Section 332 of BNS punish?
It punishes house trespass committed with intent to commit any further offence, even when that offence remains incomplete after entry.
Q2. What is meant by “in order to the committing of an offence”?
It means acting with the purpose of committing an offence, whether or not the offence was successfully completed.
Q3. Does Section 332 of BNS apply only to houses?
Yes, it mainly covers dwellings, human habitations, and enclosed property used for human living or secure custody of valuables.
Q4. What is the punishment if the intended offence is punishable with death?
The offender may face life imprisonment or rigorous imprisonment up to ten years, along with an additional fine imposed by court.
Q5. What punishment applies if intended offence carries life imprisonment?
The offender may be imprisoned for up to ten years and fined, as specified under clause (b) of Section 332.
Q6. Is Section 332(b) of BNS always applicable when assault occurs inside a house?
No, it applies only if the assault amounts to an offence punishable with life imprisonment or death under law.
Q7. What happens if the injury is minor or simple?
When injury is simple, life imprisonment provisions do not apply; thus Section 332(b) cannot be invoked in such cases.
Q8. What if theft was the intended offence?
If the intended offence is theft, imprisonment may extend to seven years, demonstrating stricter protection against property crimes.
Q9. Does completion of offence matter for conviction?
No, intention and purpose suffice; completion is unnecessary as long as someone committed the trespass to enable the offence.
Q10. Which court tries offences under Section 332(a) or (b)?
These are triable by the Court of Session due to their serious nature and higher range of punishment prescribed.
Q11. Are such offences bailable?
Bailability depends on intended offence gravity; serious offences are non-bailable requiring judicial discretion and legal representation.
Q12. Can the accused claim lack of intent?
Yes, if prosecution fails to prove intent, the Court may dismiss the charge or reduce to simple trespass.
Q13. What previous IPC sections correspond to Section 332 of BNS ?
Sections 449, 450, and 451 of IPC previously addressed similar offences, which are now consolidated under Section 332 BNS.
Q14. How important is evidence of intent?
Intent evidence like weapons, threats, or preparatory acts decides conviction under Section 332, making it the decisive factor in trial.
Q15. Why is legal advice crucial for accused persons?
Because immediate representation ensures fair trial rights, anticipatory bail protection, and correct interpretation of intent and property ownership.