IPC §459 → BNS §331
Grievous hurt caused whilst committing lurking house-trespass or house-breaking
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Comparison
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking.— Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(1) Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(3) 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 three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, 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 the imprisonment may be extended to fourteen years.
(5) Whoever commits lurking 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 or a term which may extend to ten years, and shall also be liable to fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, 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 fourteen years, and shall also be liable to fine.
(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished 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.
What changedAI-inferred
IPC 459 absorbed into BNS 331(7).
Old position
IPC 459 is concerned with Grievous hurt caused whilst committing lurking house-trespass or house-breaking. Grievous hurt caused whilst committing lurking house-trespass or house-breaking
New position
BNS 331 preserves the framework with drafting modernisations as required by the new code. Topic: Punishment for house-trespass or house-breaking. Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine
BNS 331 (Punishment for house-trespass or house-breaking) preserves the framework of IPC 459. BNS 331 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 331 text: Whoever commits lurking...
Editorial deltaAI-indicated (source-linked)
BNS 331 (Punishment for house-trespass or house-breaking) preserves the framework of IPC 459. BNS 331 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 331 text: Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 459 continues to apply. For matters from that date forward, BNS 331 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 331 (Punishment for house-trespass or house-breaking). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §459 → BNS §331 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/459.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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