Is lurking house-trespass or house-breaking under BNS Section 331 bailable?

No, Section 331 BNS (lurking house-trespass and house-breaking) is classified as strictly non-bailable under the BNSS First Schedule. The accused must apply to the Magistrate's court for bail and cannot demand release as a matter of right.

Can police arrest a suspect under Section 331 without a warrant?

Yes, lurking house-trespass and house-breaking are cognizable offences. Police can arrest the suspect immediately without an advance warrant from a Magistrate.

What is the sentence for lurking house-trespass or house-breaking?

Section 331(1) carries up to 2 years imprisonment and fine. If committed at night (331(2)), it is up to 3 years. If committed to perpetrate another punishable offence such as theft, it extends to 3 years (or up to 10 years if the other offence is theft). All these are triable by Any Magistrate.

Procedural Classification · BNSS First Schedule

Is BNS Section 331 Bailable or Non-Bailable?

Analysis of bail rules, arrest eligibility, and warrant requirements for BNS Section 331: (1) Punishment for house- trespass or house-breaking under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

🛡️ Bail & Arrest Summary

Lurking house-trespass or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment for 2 yearshouse-breaking.and fine

Lurking house-trespass or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment for 3 yearshouse-breaking by night.and fine

Lurking house-trespass or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment for 3 yearshouse-breaking in order toand fine. the commission of an offence punishable with imprisonment. If the offence be theft.Imprisonment for 10 years.class

Lurking house-trespass or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment for 5 yearshouse-breaking by nightand fine. in order to the commission of an offence punishable with imprisonment. If the offence be theft.Imprisonment for14 years.class

Lurking house-trespass or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment forhouse-breaking after10 years and fine.class. preparation made for causing hurt, assault, etc

Lurking house-trespass or

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment forhouse-breaking by night,14 years and fine.class. after preparation made for causing hurt, etc

Grievous hurt caused whilst

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Court of Session

Prescribed Punishment

Imprisonment for life, orcommitting lurking house- imprisonment for 10 years trespass or house-breaking. and fine

Death or grievous hurt

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Court of Session

Prescribed Punishment

Imprisonment for life, orcaused by one of severalimprisonment for 10 years persons jointly concernedand fine. in house-breaking by night, etc. 332(a) House-trespass in order toImprisonment for life, orthe commission of anrigorous imprisonment for offence punishable with10 years and fine. death