Criminal Law

Section 333 of BNS

The Section 333 of BNS talks about the House-trespass after preparation for hurt, assault or wrongful restraint.

Section 333 of BNS has replaced the Section 452 of IPC being similar elements of offence.

The Section 333 of BNS says: Whoever commits house-trespass, 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 seven years, and shall also be liable to fine.

333 BNS (Bharatiya Nayaya Sanhita, 2023)

The Section 333 BNS is incomplete without preparation for committing of the offence.

This section to provide higher punishment for house trespass to cause hurt, or assault.

It is necessary to prove that intention of the accused was to cause hurt to or to assault or to wrongfully restrain any person.

Ingredients of 333 BNS

The main ingredient of 333 BNS is Preparation for commission of offence. If there is no preparation for commission of any offence.

In absence of any preparation for commission of offence, Court may not approve the charge of Section 333 of BNS.

For Example: If any accused has not used any device, a metal rod, crow bar or even a stick etc for preparation for commission of offence.

In the above mentioned situation, without having adequate material of preparation for commission of offence, the Court may not accept the charge sheet of police and discharge the accused.

333 BNS Bailable or Not

The offence of Section 333 BNS is non-bailable offence and any Magistrate can try this offence after Police Investigation.

The offence of 333 BNS is cognizable and punishable for imprisonment of seven years and fine.

An accused may apply for anticipatory bail before session court or High Court, in case he feels he is innocent.

Supreme Court Acquittal Judgments

There are many judgments of Supreme Court and High Court which talks about the acquittal in absence of ingredients of the offence.

If an accused entered the house of an individual with a view to insult, intimidate or annoy such owner of the house/property. Police may register FIR for this offence under 333 BNS.

If the accused entered the house of an individual to insult, intimidate or annoy any person other than the Owner of the property, it would not constitute criminal trespass.

If the accused did not do criminal trespass, it would not be house trespass and not punishable.

Case Reference: Koduri Venkata Rao v State of A P, 2011 Cr LJ. 3512 (AP)

Preparation is the genesis of offence under section 452 of IPC, 1860. In absence of it being proved that any device as a metal rod, crow bar or even a stick.

These were used by the accused due to which it could be described as "preparation for commission of offence.

It appears to be impossible to frame the charge for offence under section 452 of IPC, 1860.

The section 333 of BNS is equivalent to Section 452 of IPC.

Case Reference: Subhash Sahebrao Datkar v State of Maharashtra, 2011 Cr LJ 736 (Bom)

Frequently Asked Questions

What does Section 333 of BNS deal with?

Answer: Section 333 of BNS punishes house-trespass committed after preparing to hurt, assault, or wrongfully restrain a person.

Which IPC section does BNS 333 replace?

Answer: BNS 333 replaces IPC Section 452 due to containing similar offence elements.

What preparation is required under BNS 333 ?

Answer: The accused must prepare to cause hurt, assault, wrongful restraint, or fear of such actions before entering.

What is the punishment under Section 333 of BNS?

Answer: The court can sentence the accused to seven years’ imprisonment and impose a fine.

Can house entry alone constitute an offence under Section 333?

Answer: No, the prosecution must prove preparation to cause hurt or restraint before house-trespass.

What is the key ingredient of 333 BNS ?

Answer: Preparation for committing the offence is the essential ingredient of Section 333 BNS.

Can the court discharge the accused under BNS 333 ?

Answer: Yes, if no preparation exists, the court may reject the charge sheet and discharge the accused.

What objects indicate preparation for offence under this section?

Answer: Using metal rods, sticks, or similar tools indicates preparation for committing house-trespass with intent to harm.

Is the offence under BNS 333 bailable?

Answer: No, the offence is non-bailable but triable by any Magistrate after police investigation.

Can an accused get anticipatory bail under 333 BNS?

Answer: Yes, the accused may apply for anticipatory bail before the Sessions Court or High Court.

Questions on Case Laws of 333 BNS

Is the offence under BNS 333 cognizable?

Answer: Yes, the police can arrest the accused without warrant as it is a cognizable offence.

What if accused enters to insult the property owner?

Answer: Answer: Police may register a case under 333 BNS if intent was to insult the property owner.

Will it be an offence if someone else is annoyed?

Answer: No, annoying someone other than the property owner does not constitute house-trespass under this section.

What did the court decide in Koduri Venkata Rao’s case?

Answer: The court held that absence of preparation prevents framing charges under Section 452 IPC or 333 BNS.

What did Subhash Sahebrao Datkar’s case clarify?

Answer: The court clarified that without preparation using tools, charge under Section 452 IPC or 333 BNS fails.