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Punishment for House-trespass in India

Ingredients of offence:

The essential ingredients of the offence under Section 448 are as follows:

(1) The complainant was in possession of the property;

(2) Property consisted of a building, tent or vessel used as human dwelling or a building used as place of worship or custody of property;

(3) Accused entered into or upon such building, tent or vessel;

(4) Having entered lawfully into such building, tent or vessel accused remains there unlawfully;

(5) His intention was to commit an offence, or intimidate, insult or annoy the person in possession.

Punishment for House-trespass in order to commit offence punishable with death – Section 449 of IPC:

Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 449 are as follows:

(1) Accused committed house trespass by entering into or upon any building, tent or vessel;

(2) Such building, tent or vessel was used as a human dwelling or place of worship or for custody of property;

(3) The intention of the accused was to commit an offence punishable with death.

Punishment for House-trespass in order to commit offence punishable with imprisonment for life – Section 450 of IPC:

Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 450 are as follows:

(1) Accused committed house trespass by entering into or unlawfully remaining in any building, tent or vessel;

(2) Such building, tent or vessel was used as a human dwelling or place of worship or for custody of property;

(3) The intention of the accused was to commit an offence punishable with imprisonment for life.

Punishment for House-trespass in order to commit offence punishable with imprisonment – Section 451 of IPC:

House-trespass alter preparation for hurt, assault or wrongful restraint.–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 and 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.

Punishment for House-trespass after preparation for hurt, assault or wrongful restraint – Section 452 IPC:

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.

Ingredients of offence:

The essential ingredients of the offence under Section 452 are as follows:

(1) The accused committed house trespass;

(2) He did so by entering into or remaining unlawfully in any building or tent or vessel;

(3) Such building, tent or vessel was used as a human dwelling, or place of worship or for custody of property;

(4) The accused committed house trespass after making preparation for causing hurt to or for assaulting or for wrongfully restraining some persons or for putting some person in fear of hurt, assault, or wrongful restraint.

Punishment for lurking house-trespass or house-breaking – Section 453 of IPC:

Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 453 are as follows:

For Lurking House Trespass:

(1) The accused committed house trespass by entering into or unlawfully remaining in any building, tent or vessel used as a human dwelling or place of worship or for custody of property;

(2) Such entry was lurking, i.e., surreptitious.

For House Breaking:

(1) Accused committed house trespass;

(2) He committed that by effecting entry into the house or any part thereof—

(a) Through a passage made by himself or any of his abettors;

(b) through any passage not meant for human passage or through passage to which he obtained access by scaling or climbing over any wall or building or to any passage which he or his abettors opened by any means which was not intended to be opened by the occupier of the house;

(c) By opening any lock; or

(d) Using criminal force or by committing an assault or by threatening any person with assault;

(e) Or by any passage which he knows to be fastened against such entrance or departure which has been unfastened by the accused or by any of his abettors.

Punishment for Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment – Section 454 of IPC:

Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

Ingredients of offence:

All the ingredients required under the preceding Section 453 must be present. In addition to that it is necessary to establish that the dominant intention of the entry was to cause annoyance, intimidation or insult.

Punishment for Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint – Section 455 of IPC:

Whoever commits lurking house-trespass, or house-breaking, 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 ten years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 455 are as follows:

(1) Accused committed lurking house trespass or house breaking;

(2) He did so after 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.

Punishment for lurking house-trespass or house-breaking by night – Section 456 of IPC:

Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 456 are as follows:

(1) For lurking house-trespass by any —

(a) The accused committed lurking house-trespass;

(b) He did so after sunset and before sunrise;

(2) For house-breaking by night—

(a) The accused committed house-breaking;

(b) He did so after sunset and before sunrise.

Punishment for Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment – Section 457 of IPC:

Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine, and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

Ingredients of offence:

The essential ingredients of the offence under Section 457 are as follows:

(1) The accused did lurking house trespass by night or house breaking by night;

(2) It was done in order to commit an offence punishable with imprisonment.

Punishment for Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint – Section 458 of IPC:

Whoever commits lurking house-trespass by night, or house-breaking by night, 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 fourteen years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 458 are as follows:

Accused committed lurking house trespass by night or house breaking by night;

He did so 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.

Punishment for Grievous hurt caused whilst committing lurking house-trespass or house-breaking – Section 459 of IPC:

Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 459 are as follows:

(1) The accused committed lurking house trespass or house breaking;

(2) He caused grievous hurt or attempted to cause death or grievous hurt to some person;

(3) He did so while committing lurking house trespass or house breaking but not after the trespass was completed.

All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by X one of them – Section 460 of IPC:

If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person is guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Ingredients of offence:

The essential ingredients of the offence under Section 460 are as follows:

(1) Two or more persons were jointly concerned in committing the offence of lurking house trespass by night or house breaking by night;

(2) One or all of them voluntarily cause or attempted to cause death or grievous hurt to any person;

(3) Such persons were then committing lurking house trespass by night or house breaking by night.

Punishment for Dishonestly breaking open receptacle containing property – Section 461 of IPC:

Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ingredients of offence:

The essential ingredients of the offence under Section 461 are as follows:

(1) The subject-matter of offence was a closed receptacle;

(2) The receptacle contained the property or accused believe that it contained property;

(3) Accused broke open or unfastened receptacle;

(4) He did so dishonestly or with intending to commit mischief.

Punishment for same offence when committed by person entrusted with custody – Section 462 of IPC:

Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Ingredients of offence:

The essential ingredients of the offence under Section 462 are as follows:

(1) The subject-matter of offence was a closed receptacle;

(2) The accused was entrusted with the receptacle;

(3) He had no right to break upon or unfasten the same.