Section 332: House-Trespass in Order to Commit Capital or Life Imprisonment Offences

Bharatiya Nyaya Sanhita • Chapter XVII: Of Offences Against Property • Official Statutory Text & Legal Guide

Chapter XVII: Of Offences Against Property
Court of Session / Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 449, 450, 451 IPC

Legal Commentary & Landmark Judgments: Section 332

Section 332 punishes house-trespass in order to commit an offence punishable with death or imprisonment for life (replacing Sections 449 and 450 IPC).

  • House-Trespass: Unlawful entry into human dwelling or building.
  • Capital or Life Intent: Committed in order to commit murder, dacoity, or an offence punishable with death or life imprisonment.
  • Completed Threshold: The trespass itself is complete upon entry, regardless of whether the murder is successfully executed.
Key Landmark Precedents:
  • State of U.P. v. Ram Swarup (1974) 4 SCC 764: The Supreme Court held that entering a house armed with loaded firearms with intent to assassinate inhabitants constitutes a completed offence under Section 449 IPC / 332 BNS.
  • Babu v. State of Kerala (2010) 9 SCC 189: Affirmed that conviction under this section stands independently even if the intended homicide is thwarted by police arrival.
Courtroom Practice & Strategic Litigation Guidance:

Prove that the accused crossed the threshold of the home armed with lethal weapons. For defence, argue that entry was peaceful and that violence erupted subsequently due to sudden provocation.