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Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Consolidates IPC 453 and 457 into BNS 334.
2
Day/night distinction preserved with enhanced punishment for night.
3
7-year maximum specifically for theft-intent breaking.
THE STATUTE
The Clause
Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of imprisonment may extend to seven years. If the lurking house-trespass or house-breaking is by night, the punishment shall be enhanced.
Legal Commentary
Section 334 addresses the critical case where house-trespass or house-breaking is carried out specifically to commit another imprisonable offence inside the premises — most commonly theft, but also assault, blackmail, or any other imprisonable crime. The combination of stealth entry and a specific criminal purpose inside the premises creates a particularly serious threat to property and personal security. The 5-year maximum increases to 7 years where the intended offence is theft — reflecting that burglary (house-breaking to steal) is one of the most common and serious property crimes. Nighttime commission (between sunset and sunrise) attracts an enhanced sentence in all categories, recognising the additional vulnerability of occupants during night hours.
Case Simulations
"Breaking into a shop after midnight to steal — Section 334 (nighttime house-breaking for theft), up to 7 years."
"Concealing oneself in a building's storeroom to steal when the premises close — Section 334."
Expert Insights
No — Section 334 (lurking trespass/house-breaking to commit an imprisonable offence) is non-bailable, particularly in its nighttime form.