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BNS 2024ACTIVE FRAMEWORK
Section 338
Dishonestly Breaking Open Receptacle Containing Property
Replaces colonial-era: IPC 461
BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 461 to BNS 338.
2
2-year maximum preserved.
3
Covers any closed receptacle — safe, locker, box, almirah.
THE STATUTE
The Clause
Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed vessel, box, locker, safe, almirah or other receptacle, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Legal Commentary
Section 338 criminalises the dishonest breaking open of closed containers — safes, lockers, boxes, almirahs, vessels — that store property. This provision complements the trespass and theft framework by addressing the common criminal technique of breaking into strongboxes and storage containers. It applies independently of whether the perpetrator is in a place lawfully or not: a servant who dishonestly breaks their employer's safe, a warehouse worker who pries open shipping crates, or a burglar who cracks a floor safe — all fall within this provision. The 2-year maximum is relatively modest because the provision targets the breaking alone; if theft results, the theft provisions (Sections 303, 305, or 307) apply in addition.
Case Simulations
"A employee who cracks open a locked safe at their workplace — Section 338."
"A burglar who breaks open a floor safe inside a house — Section 338 (plus house-breaking and theft provisions)."
Expert Insights
Yes — dishonestly breaking open or unfastening any closed receptacle to access property inside is the offence under Section 338.