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BNS 2024ACTIVE FRAMEWORK
Section 333
Punishment for House-Trespass or House-Breaking with Preparation for Hurt, Assault or Wrongful Restraint
Replaces colonial-era: IPC 452
Non-BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 452 to BNS 333.
2
7-year maximum and non-bailable status preserved.
3
Covers preparation for restraint and fear, not only actual violence.
THE STATUTE
The Clause
Whoever commits house-trespass or house-breaking, 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 seven years, and shall also be liable to fine.
Legal Commentary
Section 333 is the most serious form of house-trespass short of causing actual injury — where the intruder enters a dwelling armed and prepared for violence. The preparation need not have been used; the act of entering the home while prepared for violence is sufficient. This covers planned home invasions where the intruder carried weapons, rope (to restrain occupants), or other implements of intimidation. The 7-year maximum (compared to 1–5 years for unarmed trespass) reflects the dramatically elevated danger posed by an armed, violence-ready intruder. This provision bridges house-trespass and robbery, capturing planned, violence-contingency intrusions into homes where circumstances fortunately prevented violence from materialising.
Case Simulations
"Entering a house with a knife concealed in a pocket, intending to restrain the occupant during theft — Section 333."
"A group breaking into a home carrying ropes to tie up the occupants — Section 333."
Expert Insights
No — house-trespass with preparation for hurt is non-bailable, reflecting its serious threat to occupants' safety.