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In which situation is completed house-breaking under section 330(2) of the Bharatiya Nyaya Sanhita, 2023 absent? In the situations involving entry, assume that entry constitutes house-trespass.

Question and options

In which situation is completed house-breaking under section 330(2) of the Bharatiya Nyaya Sanhita, 2023 absent? In the situations involving entry, assume that entry constitutes house-trespass.

  1. A enters after lifting a fastened latch by inserting a wire through a hole.

  2. A opens the locked door with a key lost by the occupier and enters.

  3. A enters after threatening the doorkeeper with a beating to prevent resistance.

  4. A makes a hole in a wall, but beams block it and no part of A’s body enters the house.

Answer and explanation

Correct answer: D - A makes a hole in a wall, but beams block it and no part of A’s body enters the house.

Section 330(2) requires house-trespass with entry or departure by one of the specified modes. Unfastening a passage, opening a lock and threatening assault are such modes. Making a blocked hole without any entry can be preparatory or attempted conduct, but it does not establish completed house-breaking.

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