Section 334: Dishonestly Breaking Open Closed Receptacle Containing Property

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

Chapter XVII: Of Offences Against Property
Any Magistrate
Non-Bailable (Sec 334-1) / Bailable (Sec 334-2)
Cognizable
Formerly Sec 461, 462 IPC

Legal Commentary & Landmark Judgments: Section 334

Section 334 penalises dishonestly breaking open or unfastening any closed receptacle containing property, or committing the same when entrusted with custody of the receptacle.

  • Closed Receptacle: Safe, vault, locked briefcase, cash box, or trunk containing property.
  • Breaking Open or Unfastening: Picking the lock, cutting padlocks, or smashing the container.
  • Dishonest Intent: Done with intent to steal or misappropriate the contents (enhanced if done by an entrusted custodian).
Key Landmark Precedents:
  • Ram Narain v. State of U.P. (1973) 2 SCC 86: Held that domestic attendants picking the lock of a master's bedroom safe commit an aggravated breach under this section.
  • State of Rajasthan v. Bhup Singh (1997) 10 SCC 675: Affirmed that breaking open locked cupboards during burglary is an independent statutory offence.
Courtroom Practice & Strategic Litigation Guidance:

Produce the damaged safe/box with tool-mark forensic impressions matching the crowbar or pick seized from the accused under Section 185 BNSS.