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BNS 2024ACTIVE FRAMEWORK
Section 335
Lurking House-Trespass or House-Breaking After Preparation for Hurt, Assault or Restraint
Replaces colonial-era: IPC 458
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 458 to BNS 335.
2
10-year maximum preserved.
3
Non-bailable and triable by Sessions Court.
THE STATUTE
The Clause
Whoever commits lurking house-trespass by night or house-breaking by night 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 ten years, and shall also be liable to fine.
Legal Commentary
Section 335 represents the apex of the trespass/breaking offence hierarchy — nighttime lurking house-trespass or house-breaking combined with preparation for violence. This captures the classic armed nighttime home invasion: a premeditated entry during dark hours, with weapons or restraining devices, into an occupied dwelling. The 10-year maximum reflects the extreme danger this combination poses to occupants. The nighttime element, the stealth element, and the violence-preparedness element combine to create the most serious form of property intrusion short of actually causing violence. Read with Section 310 (dacoity) and Section 333, this provision creates a comprehensive framework for graduated punishment of increasingly dangerous forms of home intrusion.
Case Simulations
"A group that breaks into a house at 2 AM armed with ropes and knives, finding it fortunately empty — Section 335."
"Concealing in a building overnight with weapons, intending to rob the next morning — Section 335."
Expert Insights
Section 333 covers house-trespass (basic entry) with preparation for violence — maximum 7 years. Section 335 covers lurking nighttime trespass or house-breaking (stealth entry at night) with preparation for violence — maximum 10 years. The nighttime stealth element dramatically increases the penalty.