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BNS 2024ACTIVE FRAMEWORK

Section 336

Lurking House-Trespass or House-Breaking Causing Grievous Hurt

Replaces colonial-era: IPC 459

Non-BailableCognizable: CognizableCourt of Session

Reform Highlights

1

Renumbered from IPC 459 to BNS 336.

2

Life imprisonment maximum preserved.

3

Attempt to cause death or grievous hurt included.

THE STATUTE

The Clause

Whoever, while 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.

Legal Commentary

Section 336 captures the case where lurking house-trespass or house-breaking escalates into actual violence causing grievous hurt. The life imprisonment maximum represents the convergence of property crime with serious violence against persons. When an intruder who breaks into a home causes a fracture, permanent injury, or life-threatening harm, the offence transcends mere property crime and approaches the severity of offences against the person. This provision also covers attempts to cause death or grievous hurt — where the intruder makes a serious attempt to kill or seriously injure an occupant, even if unsuccessful, the maximum sentence is life imprisonment.

Case Simulations

"A burglar who fractures a homeowner's wrist while escaping — Section 336, up to life imprisonment."
"An intruder who stabs an occupant during a house-breaking — Section 336."

Expert Insights

A fracture is grievous hurt. House-breaking causing grievous hurt attracts Section 336 — life imprisonment or up to 10 years.