सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 331

Punishment for house-trespass or house-breaking

Why this exists

This section creates a graded punishment ladder for house-trespass and house-breaking, recognising that the danger and culpability increase sharply depending on the time of the offence, its purpose, and its consequences. Night-time intrusions are treated as more dangerous because victims are typically asleep and vulnerable, and the ladder ensures punishments scale with the real harm and risk involved, right up to cases resulting in death or grievous injury.

Common misconceptions
  • Myth: Only the person who actually causes injury during a group break-in gets the harshest punishment.
    Fact: If a break-in happens at night and any member of the group causes death or grievous hurt, the law says every person jointly involved in that break-in can face the same severe punishment.