BACK TO SECTIONS
BNS 2024ACTIVE FRAMEWORK
Section 339
Keeper of Receptacle Who Fails to Open on Due Notice
Replaces colonial-era: IPC 462
Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 462 to BNS 339.
2
3-year maximum (versus 2 years for non-entrusted breaking under Section 338).
3
Non-bailable — reflecting the aggravated breach of trust element.
THE STATUTE
The Clause
If the offence described in the last preceding section is committed by a person entrusted with the custody of such closed vessel, box, locker, safe, almirah or other receptacle, he shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Commentary
Section 339 creates an aggravated form of Section 338 specifically for persons who have been entrusted with the custody of a receptacle (safe, locker, box) but dishonestly break it open. A bank employee who breaks open a customer's safe deposit box, a warehouse custodian who opens entrusted storage, or a security guard who cracks a company safe all face this enhanced liability. The higher punishment (3 years versus 2 years for Section 338) reflects the additional breach of trust involved when someone entrusted with custody of a locked container violates that trust by opening it dishonestly. Read with Section 316 (criminal breach of trust), this provision addresses the overlap between property offences and breach of fiduciary duty.
Case Simulations
"A bank employee who dishonestly opens a customer's safe deposit box — Section 339."
"A company treasurer who breaks open the company's cash safe — Section 339 (plus criminal breach of trust)."
Expert Insights
Section 338 covers anyone who dishonestly breaks open a receptacle. Section 339 specifically applies when the person has been entrusted with the receptacle's custody — making it an aggravated breach of trust attracting 3 years (versus 2 years) and non-bailable status.