Introduction - 

 Section 442 to Section 462 of the Indian Penal Code 1860 deals with Criminal Trespass

House-trespass - 

         According to Section 442 of the Indian Penal Code 1860, whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".

Explanation- The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.

 Lurking house-trespass.

       As per Section 443 of the Indian Penal Code, whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit "lurking house-trespass".

 Lurking house-trespass by night.

        According to Section 444 of the said Code, whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night".


House-breaking.

     According to Section 445 of the Indian penal code 1860, a person is said to commit "house-breaking" who commits house-trespass if he affects his entrance into the house or any part of it in any of the six ways hereinafter described; or if being in the house or any part of it for the purpose of committing an offense, or having committed an offense therein, he quits the house or any part of it in any of it in such six ways, that is to say -

First - If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly - If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offense, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly - If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly- If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly- If he affects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly - If he enters or quits by any passage which he knows to have been fastened against such entrance or departure and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation - 

         Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations - 

(a) A commits house-trespass by making a hole through the wall of Z's house and putting his hand through the aperture. This is housebreaking.

(b) A commits house-trespass by creeping into a ship at a porthole between decks. This is house-breaking.

(c) A commits house-trespass by entering Z's house through a window. This is house-breaking.

(d) A commits house-trespass by entering Z's house through the door, having opened a door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.

(f) A finds the key of Z's house door, which Z had lost, and commits house-trespass by entering Z's house, having opened the door with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking Z down and commits house-trespass by entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

 House-breaking by night.

         According to Section 446  of the Indian Penal Code, whoever commits house-breaking after sunset and before sunrise, is said to commit "house-breaking by night".


 Punishment for criminal trespass. 

          As per Section 447 of the Code of Indian Penal Code, whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 Punishment for house-trespass.

       Section 448 of the said Code prescribes punishment for house-trespass According to said Section, whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

 House-trespass in order to commit offence punishable with death.

         According to Section 449 of the Code, whoever commits house-trespass in order to the committing of any offense 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.

House-trespass in order to commit an offence punishable with imprisonment for life.

      As per Section 450 of the Code, whoever commits house-trespass in order to the committing of any offense 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.


 House-trespass in order to commit an offense punishable with imprisonment.

         According to Section 451 of the said code, whoever commits house-trespass in order to the committing of any offense punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offense intended to be committed is theft, the term of the imprisonment may be extended to seven years.

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 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. (Section 452 of the IPC)

Punishment for lurking house-trespass or house-breaking.

        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. (Section 453)

Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment.

           Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offense 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 offense intended to be committed is theft, the term of the imprisonment may be extended to ten years. (IPC,Section 454)

Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.

             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 or a term which may extend to ten years, and shall also be liable to fine. (Section 455)

 Punishment for lurking house-trespass or house-breaking by night.

       According to Section 456 of the Indian Penal Code,  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.

 Lurking house-trespass or house-breaking by night in order to commit an offence punishable with imprisonment.

        Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offense 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 offense intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. (Section 457 IPC)

 Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.

            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. (Section 458 IPC)

 Grievous hurt caused whilst committing lurking house-trespass or house-breaking.

          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. (Section 459 of the IPC)


All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.

          As per Section 460 of the Indian Penal Code 1860, If at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offense 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 sh…

 Dishonestly breaking open receptacle containing property.

             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.

Punishment for the same offense when committed by a person entrusted with custody.

             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. (Section 462 of the Indian Penal Code)


See Also...


Theft, Punishment for theft (Section 378 to Section 382)

Coronavirus Pandemic: Lockdown and Indian Law

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