Section 330 BNS (Bharatiya Nyaya Sanhita 2023): House-trespass & House-breaking

Section 330 of the Bharatiya Nyaya Sanhita (BNS) talks about the offences of house trespass and house breaking. It explains what "lurking house-trespass" and "house-breaking" mean in legal terms.

"Lurking house-trespass" under Section 330 BNS happens when a person commits house-trespass but does so in a way that hides their presence or actions from someone who has the authority to keep them out. In other words, they take steps to remain unnoticed while trespassing.

"House-breaking," under Section 330 of BNS, on the other hand, refers to committing house-trespass in specific ways. This includes entering through a passage specially made for the trespass, using an entryway that isn't meant for people to go through, or climbing over a wall or barrier. Explore other important Judiciary Notes.

Section 330 BNS: House-trespass and House-breaking

1. Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking housetrespass”.
2. A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of following ways, namely:
   1. if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass;
   2. if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;
   3. if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened;
   4. if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass;
   5. if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;
   6. if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation: Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Section 330 BNS Illustrations:

1. A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.
2. A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
3. A commits house-trespass by entering Z’s house through a window. This is housebreaking.
4. A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking.
5. A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.
6. A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.
7. Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
8. Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

Note: “The information provided under Section 330 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Section 330 of Bharatiya Nyaya Sanhita (BNS) deals with the offences of lurking house-trespass and house-breaking. A person is said to commit lurking house-trespass under Section 330 of BNS when they unlawfully enter or remain in a building, tent, or vessel, and take active steps to hide their presence from someone who has the legal authority and power to exclude or remove them. The element of concealment is what distinguishes lurking house-trespass from ordinary house-trespass.

House-breaking under Section 330 BNS is a more serious form of house-trespass. It occurs when a person commits house-trespass and gains entry into or exits from a property in any one of six specifically defined ways. These include:

• entering or leaving through a passage specially created for committing the offence;
• using an entry not intended for human access or gaining entry by climbing over walls or barriers; 
• opening a passage in a manner not intended by the lawful occupier; 
• breaking or unlocking a door or lock; 
• using criminal force, assault, or threats to gain entry or exit; or 
• using any route that was securely fastened and was unfastened by the offender or an accomplice.

The law also clarifies that any out-house or structure connected internally with the main house is considered part of the house for the purposes of section 330 BNS.

Section 330 BNS Essential Elements

For an offence to be punishable for dacoity under Section 330 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1. Lurking House-Trespass:

Lurking house-trespass is a form of house-trespass where the offender not only enters or remains unlawfully in a building, tent, or vessel but does so in a concealed manner. Deception or Secrecy distinguishes lurking house-trespass from ordinary house-trespass under Section 330 BNS.

2. House-Breaking:

House-breaking is considered a graver form of house-trespass under Section 330 of BNS, and it occurs when the house-trespass is committed by effecting entrance into or quitting the house in any of the six specific ways described under this section.

(i) Artificial Passage Creation:

The trespasser enters or quits the house, or any part of it through a passage made by himself, or by any abettor of the house-trespass to commit the house-trespass under Section 330 of the BNS.

(ii) Improper Entry Route:

The offender under Section 330 of BNS enters or quits through any passage not intended for human entrance by any person other than himself or the abettor of the offence, or gains access by scaling or climbing over any wall or building.

(iii) Forced Passage Opening:

House-breaking under Section 330 of the BNS also occurs when a person enters or quits through a passage that he or any abettor of the house-trespass has opened in order to commit the house-trespass by any means not intended by the occupier of the house.

(iv) Lock Manipulation:

This form occurs under Section 330 BNS when the person enters or quits the house by opening any lock to commit the house-trespass or exit after committing the offence.

(v) Use of Force or Threat:

The trespasser affects entrance or departure by using criminal force, committing an assault, or threatening any person with assault. 

(vi) Tampering with Fastened Passage:

The person enters or quits through any passage which he knows to have been fastened against such entry or departure and which has been unfastened by himself or by an abettor of the house-trespass.

3. Explanation Clause:

Any out-house or building occupied with a house with immediate internal communication with that house shall be deemed part of the house under Section 330 of BNS.

Section 330 BNS and Sections 443 and 445 IPC Comparison

Section 330 BNS clubs together sections 443 and 445 of the Indian Penal Code essentially, retaining the core of both the sections:

Provision Element	Section 330 BNS 2023	Section 443 and 445 IPC 1860
Main Definition	Section 330(1) BNS Whoever commits house ……. the trespass, is said to commit “lurking housetrespass”.	Section 443 IPC Same as Section 330(1) BNS
Main Definition	Section 330(2) BNS A person is said to commit “house-breaking” who commits …… part of the house within the meaning of this section.	Section 445 IPC Same as Section 330(2) BNS

Judicial interpretation of Section 330 BNS by Indian courts have been an outlining factor in determining the ambit of Section 330 of BNS; mentioned hereinafter are some of the landmark judgments :

Balram Thakur vs The State Of Madhya Pradesh 2025

In this case, the Madhya Pradesh High Court examined allegations where the petitioners reportedly entered a Police Station around 11:15 PM, subsequently abusing and manhandling staff and damaging furniture, leading the trial court to consider framing charges under Section 458 IPC now Section 331(6) of BNS. 

A key legal point discussed was the distinction between "lurking house-trespass" under Section 443 IPC, now Section 330(1) BNS, which specifically requires that the accused must have taken precautions to conceal their entry from someone with the right to exclude them, and "house-breaking" under Section 445 IPC, now under Section 330(2) BNS. 

The court noted that, unlike Section 443(Section 330(1) BNS), Section 445 (Section 330(2) BNS) does not mandate proof of such concealment. Instead, house-breaking is established if the entry or exit (even if unconcealed, as was noted in the facts where no allegation of concealment was made against the petitioners) occurs through one of the six methods described in Section 445 IPC (Section 330(2) BNS), such as using criminal force or entering through a passage not intended for human entrance.

Conclusion

Section 330 BNS deals with two serious offences lurking house-trespass and house-breaking. It highlights the unlawfulness of entering or staying in someone’s property without their consent and with dishonest intent. The law becomes stricter when certain aggravating methods, such as concealment or forceful entry convert simple trespass into house-breaking. Section 330 of BNS is designed to uphold the security and privacy of individuals in their homes and to penalize any covert or forceful violations of that right.