BACK TO SECTIONSAIR 1985 SC 1408
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Consolidated from IPC 449–460 to BNS 310.
2
Night/day distinction preserved — nighttime commission attracts significantly higher sentences.
3
Life imprisonment available for armed night house-breaking causing hurt.
THE STATUTE
The Clause
Whoever commits lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment for life shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Legal Commentary
Section 310 elevates house-trespass and house-breaking to its most serious form — where the intrusion into a dwelling is carried out specifically to commit robbery or dacoity. This provision sits at the apex of the property crime pyramid: a premeditated invasion of a home, planned to commit the most violent form of theft. The punishment escalates sharply from the base house-breaking provisions. House-breaking to commit robbery carries up to 10 years; house-breaking by night to commit robbery carries up to 14 years; and the combination of night breaking, arms, and actual commission of robbery causing hurt attracts life imprisonment. The 'by night' distinction — house-breaking between sunset and sunrise — reflects the significantly increased danger to occupants who are asleep, disoriented, and unable to summon help quickly. The armed nighttime home invasion is treated by the law as one of the most terrifying criminal scenarios — a sleepless, planned, violent intrusion into the ultimate space of security. These provisions cover the organised 'dacoity gangs' that targeted rural homes, and in urban contexts, the professional burglary rings that case targets and strike at night.
Landmark Precedents
Laljit Rajak v. State of MP (1985)
RELEVANCE
All persons present and aiding count toward the five-person dacoity threshold under BNS 310 — including unidentified participants whose presence is established by evidence.
Case Simulations
"A gang that breaks a window at 2 AM, enters a sleeping family's home, and at knifepoint forces them to hand over jewellery — armed nighttime house-breaking for robbery causing wrongful restraint, potentially life imprisonment."
"Burglars who case a home and break in while the owners are on holiday, stealing valuables but harming no one — house-breaking to commit theft (Section 186), not the robbery provision."
"A single burglar who enters through an unlocked door at night and steals while occupants sleep — house-trespass by night (Section 310) even without breaking."
Expert Insights
Courts interpret 'by night' as between sunset and sunrise. The solar definition means it varies by season and location. The enhanced punishment applies if the entry or the main criminal act occurred during this period.
Life imprisonment under the armed nighttime provisions requires that hurt actually be caused. If no one is hurt, the maximum is 14 years (for armed nighttime house-breaking to commit robbery). The full life sentence applies only when the violence actualises.