IPC 452 → BNS 333: House Trespass (Preparation)

IPC 452 (now BNS 333): House-Trespass After Preparation for Hurt or Assault

IPC Section 452 punishes house-trespass after making preparation to cause hurt, to assault, or to wrongfully restrain a person, or to put a person in fear of hurt, assault or wrongful restraint. From 1 July 2024 it continues as Section 333 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 333 (same as IPC 452)

Imprisonment up to 7 years, and fine. The aggravated nature — entering a dwelling already prepared to harm — is why the term is far higher than for simple trespass; the penalty is unchanged from old IPC 452.

What changed from IPC to BNS?

Only the numbering moved (IPC 452 to BNS 333); the BNS gathers the house-trespass aggravations into the consolidated trespass provisions. This remains one of the most commonly used sections in assault-and-intrusion FIRs. New FIRs cite BNS 333.

Worked example

A arms himself with a rod and forces his way into B's home intending to thrash him over a dispute. The combination of unlawful entry into a dwelling plus prior preparation to cause hurt is exactly what BNS 333 targets — distinct from a bare trespass.

Practical notes

• For advocates: the base definition is criminal trespass (IPC 441 to BNS 329(1)); house-trespass to commit an offence is IPC 451 (BNS 332(c)), and the night-time variant is IPC 457 (BNS 331(4)).
• The preparation element is the crux of both the prosecution case and the defence.