Section 333 of BNS | House Trespass for Hurt and Assault | Bail Provisions
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)