House-trespass after preparation for hurt, assault or wrongful restraint.
Definition of Section 333 BNS
- Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
BNSS Classification
- Imprisonment for 7 years, or fine.
- Cognizable
- Non-bailable
- Triable by Any Magistrate.
⚖️ BNS Section 333 Explained – House Trespass with Intent to Cause Hurt, Assault, or Wrongful Restraint
🔍 What is Section 333 BNS?
Section 333 of the Bharatiya Nyaya Sanhita, 2023, deals with house trespass that is committed with a prior intention or preparation to cause hurt, commit assault, or wrongfully restrain the occupants of the house.
This provision ensures that those who attempt to enter someone’s home with malicious intent face serious legal consequences. It replaces the earlier IPC Section 452 under the new criminal law framework of India.
📌 Key Highlights of Section 333 BNS:
- Offence: House trespass with the intention or preparation to cause hurt, assault, or wrongful restraint.
- Punishment: Imprisonment up to 7 years and a fine.
- Cognizable: Yes (police can arrest without a warrant).
- Bailable: No (non-bailable offence).
💡 Essential Ingredients to Apply Section 333 BNS:
- The accused entered a house without permission or lawful authority.
- The accused had made preparation to cause harm, assault, or restraint before the entry.
- The accused had a clear intent to cause such harm upon entry.
🛑 How Police Use Section 333 BNS:
- FIR is registered based on the victim’s complaint and preliminary evidence.
- If the accused is found with weapons, tools, or suspicious items, it strengthens the case.
- Police often charge this section alongside other serious offences such as attempt to murder or criminal intimidation.
👉 Expert Opinion: Advocate Sudhir Rao has handled numerous cases where police added excessive charges under Section 333. His strategic intervention has helped innocent clients secure anticipatory bail and dismiss false cases.
⚠️ Example Case:
A woman named Sheetal lived peacefully in her house. A neighbor named Raj often harassed her by playing loud music and throwing garbage near her door. Despite repeated complaints, Raj continued his behavior. One night, Raj—under the influence of alcohol—forcefully broke into Sheetal’s house with a stick in hand. Scared, Sheetal immediately called the police, who arrested Raj under Section 333 BNS for house trespass with intent to cause harm.
🧷 What To Do If You Are Accused:
- Do not give statements to police without legal counsel.
- Consult an experienced lawyer immediately – someone like Advocate Sudhir Rao, known for his expertise in criminal defence under BNS.
- Collect evidence showing you had no intent to cause harm.
- Bring forward witnesses who can testify in your favour.
- If you were invited to the house, preserve proof such as messages or call logs.
🧑⚖️ What To Do If You Are a Victim:
- File an FIR without delay.
- Record any video or audio proof of the trespass or threats.
- List witnesses present during the incident.
- Inform police if the accused tries to threaten or influence you.
- Work with a legal expert like Advocate Sudhir Rao to build a strong case and present facts in court.
🧠 Punishment Under Section 333 BNS:
Any person found guilty under this section may face:
- Up to 7 years of imprisonment
- Fine, as determined by the court
The severity of punishment may vary depending on the gravity of the offence and the extent of harm caused to the victim.
🔐 Bail Provisions in Section 333 BNS:
- This is a non-bailable offence.
- Bail is not granted easily, and the court considers various factors:
- Seriousness of the offence
- Criminal history of the accused
- Availability of evidence showing innocence
- Whether the allegations are false or exaggerated
👉 In such situations, Advocate Sudhir Rao’s legal expertise becomes crucial in preparing a strong bail application and ensuring fair representation in court.
📚 Other Related Sections That May Be Applied Alongside Section 333 BNS:
| Section | Description |
|---|---|
| BNS 331 | House entry with criminal intent |
| BNS 332 | Entry to commit theft or unlawful acts |
| BNS 117 | Causing grievous hurt |
| BNS 109 | Attempt to murder |
| BNS 303 | Theft |
| BNS 351 | Criminal intimidation |
⚖️ Common Defenses in Section 333 BNS Cases:
- Lack of intent to cause harm
- Entry was made with the occupant’s permission
- Act done in self-defence
- Accusation is false and motivated
- No physical preparation for assault or restraint
👉 In such cases, an experienced defence lawyer like Advocate Sudhir Rao can help you gather evidence, draft responses, and make legal arguments that protect your rights.
❓ Frequently Asked Questions (FAQs)
Q. What is BNS Section 333?
A. It penalizes house trespass done with the intent or preparation to cause hurt, assault, or wrongful restraint.
Q. Is Section 333 bailable or non-bailable?
A. It is a non-bailable offence.
Q. What is the punishment under this section?
A. Up to 7 years’ imprisonment and a fine.
Q. Can a landlord be charged under Section 333 for forcefully entering a tenant’s home?
A. Yes, if the landlord enters with malicious intent or threatens the tenant, Section 333 may be invoked.
✅ Conclusion:
BNS Section 333 is a powerful legal provision to protect individuals and families from violent intrusions into their homes. Whether you are falsely accused or a genuine victim, the case demands immediate legal attention.
With years of courtroom experience, Advocate Sudhir Rao stands out as a trusted expert in handling BNS 333 cases, ensuring justice and relief through strong legal strategies.
