IPC 459 → BNS 331(7): Grievous Hurt (Breaking)

Quick Summary: IPC 459 vs BNS 331(7)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 459 (Grievous Hurt (Breaking)) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering grievous hurt (breaking) as BNS 331(7).

What did IPC 459 cover?

IPC 459 dealt with grievous hurt (breaking) — grievous hurt caused whilst committing lurking house-trespass or house-breaking. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 331(7): What changed in the new law?

No major change. From 1 July 2024, new complaints relating to grievous hurt (breaking) are filed under BNS Section 331(7), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 331(7)

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For grievous hurt (breaking), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 331(7) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new grievous hurt (breaking) FIR cites BNS 331(7).
• Law students & citizens: With grievous hurt (breaking), value, the manner of taking and any force used determine which property offence applies and how serious it is.