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BNS 2024ACTIVE FRAMEWORK
Section 337
House-Breaking by Night when Causing Grievous Hurt — Death Penalty Provision
Replaces colonial-era: IPC 460
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 460 to BNS 337.
2
Collective guilt principle preserved — all members liable if any commits a capital offence.
3
Life imprisonment maximum preserved.
THE STATUTE
The Clause
If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall commit any offence punishable with death or with imprisonment for life, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Legal Commentary
Section 337 establishes collective criminal liability for nocturnal house-breaking groups — mirroring the dacoity principle (Section 310) in the trespass context. If any member of a group engaged in nighttime lurking house-trespass or house-breaking commits an offence punishable with death or life imprisonment (such as murder, rape, or violent robbery), every member of the group faces life imprisonment — regardless of their personal participation in the capital offence. This provision reflects the principle that joining a nocturnal house-breaking operation makes every participant equally responsible for whatever escalation occurs inside. It provides a powerful legal tool for prosecuting all members of home invasion gangs even where the specific perpetrator of the most serious act cannot be individually identified.
Case Simulations
"A gang of 4 breaks into a house at night; one murders an occupant. All four face life imprisonment under Section 337."
"A group committing nighttime house-breaking where one member rapes an occupant — all members face life imprisonment."
Expert Insights
Yes — Section 337 makes every member of a nighttime house-breaking group liable for life imprisonment if any member commits a capital offence during the operation. Your personal non-participation in the murder does not protect you.