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Bailable (day); Non-Bailable (night)Cognizable: CognizableAny Magistrate
Reform Highlights
1
Consolidates IPC 445 and 446 into BNS 332.
2
Day/night distinction preserved: 2 years (day) vs 3 years (night).
3
All six methods of house-breaking preserved.
THE STATUTE
The Clause
A person is said to commit 'house-breaking' who commits house-trespass if he effects his entrance into the house or any part of it in any of the following ways: through a passage made by himself or an abettor; through a passage not intended for human entrance; through any passage to which he has obtained access by scaling or climbing over any wall or building; or by opening any lock, or by using a false key, or by using a key not given by the owner, or by breaking open any door or window. House-breaking by night carries an enhanced punishment.
Legal Commentary
Section 332 defines house-breaking — the aggravated form of house-trespass where entry is gained through force, stealth, or technical means rather than through an ordinary available entrance. Six methods of entry constitute house-breaking: (1) making a passage; (2) using an unintended passage; (3) scaling or climbing; (4) using a key not given by the owner (includes lock-picking and false keys); (5) using a false key; (6) breaking open a door or window. A distinction is made between daytime (sunrise to sunset) and nighttime house-breaking — the nighttime version, given its enhanced danger to occupants, carries a higher sentence (up to 3 years) and is non-bailable.
Case Simulations
"Breaking a window latch to enter a house — house-breaking under Section 332."
"Using a duplicate key to enter premises — house-breaking under Section 332."
"Climbing over a compound wall at night to enter a building — nighttime house-breaking, Section 332, up to 3 years."
Expert Insights
Yes — entering through any passage obtained by scaling or climbing over a wall is specifically listed as house-breaking under Section 332.