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Section 333: House-Trespass After Preparation for Causing Hurt, Assault or Wrongful Restraint

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

Chapter XVII: Of Offences Against Property
Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 452 IPC
Section 332 All 358 Sections of Bharatiya Nyaya Sanhita Section 334

Legal Commentary & Landmark Judgments: Section 333

Section 333 penalises house-trespass committed after having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person (replacing Section 452 IPC).

  • House-Trespass: Unlawful entry into any building, tent, or vessel.
  • Prior Preparation: Entering armed with lathis, iron rods, acid bottles, or having stationed accomplices to block exits.
  • Intended Violence: Preparation to inflict hurt, assault, or wrongful restraint.
Key Landmark Precedents:
  • Tahsildar Singh v. State of U.P. AIR 1959 SC 1012: Emphasised that entering domestic premises after arming oneself constitutes aggravated house-trespass under penal law.
  • State of Punjab v. Baldev Singh (1999) 6 SCC 172: Reiterated that domestic invasions by armed groups must be dealt with firmly under Section 452 IPC / 333 BNS.
Courtroom Practice & Strategic Litigation Guidance:

Witness testimonies detailing weapons held by the accused when kicking open the door, paired with injury memos, sustain the charge. In defence, demonstrate that weapons were household implements already present inside.

Section 332 All 358 Sections of Bharatiya Nyaya Sanhita Section 334