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Bailable (basic); Non-Bailable (lurking at night)Cognizable: CognizableAny Magistrate
Reform Highlights
1
Consolidates IPC 448, 443, and 444 into a single BNS section.
2
Fine increased from ₹1,000 (IPC) to ₹5,000 (BNS).
3
Graduated scale: 1 year → 3 years (lurking) → 5 years (lurking at night).
THE STATUTE
The Clause
Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. If the house-trespass is committed after having concealed himself in order to commit the offence, or to evade detection (lurking house-trespass), the punishment shall be up to three years. If lurking house-trespass is committed after sunset and before sunrise, the punishment shall be up to five years.
Legal Commentary
Section 331 provides a graduated punishment scale for house-trespass based on the manner of commission. Basic house-trespass (entering with criminal intent) carries 1 year. Lurking house-trespass (where the person concealed themselves specifically to commit the offence or avoid detection) carries up to 3 years — reflecting the additional premeditation and stealth. Lurking house-trespass by night (between sunset and sunrise) carries up to 5 years — night-time intrusion into dwellings represents an even more serious threat to occupants' safety and security. The fine for basic house-trespass is set at ₹5,000 in the BNS — significantly higher than the ₹1,000 in IPC Section 448. The non-bailable status applies to the nighttime lurking form.
Case Simulations
"Entering a neighbor's house without permission to take belongings — Section 331 (basic, up to 1 year)."
"Hiding in a building's stairwell waiting for an opportunity to enter a flat — Section 331 (lurking, up to 3 years)."
"Hiding in a compound and entering a house at midnight — Section 331 (lurking at night, up to 5 years)."
Expert Insights
House-trespass is simply entering a dwelling with criminal intent. Lurking house-trespass is where the person specifically concealed themselves (hiding before occupants return, hiding in a closet, etc.) to commit the offence or avoid detection — this premeditation attracts a higher punishment.