Offence of Criminal Trespass

The offences relating to Criminal Trespass has been discussed from section 441-462 under the Indian Penal Code, 1860

Section 441

Criminal trespass is defined as anyone who unlawfully enters or remains on another’s property with the intent to commit an offence or to intimidate, insult, or annoy any person in possession of such property, or who, having lawfully entered or upon such property, unlawfully remains there with the intent to intimidate, insult, or annoy any such person or with the intent to commit an offence.

Section 442

Section 442 deals with house trespass. This section states that whoever commits the crime of Criminal Trespass by entering into or by remaining in any vessel, building or tent with is usually used as a human dwelling or any place for the custody of property or any building used as a place or worship is said to commit house trespass.

Section 443

Lurking house trespass is defined as someone who commits house trespass while taking precautions to conceal the trespass from someone who has the authority to exclude or eject the trespasser from the building, tent, or vessel that is the subject of the trespass.

Section 444

Section 444 deals with Lurking house trespass at night. It states that whoever commits Lurking house trespass after sunset and before sunrise is said to commit Lurking house trespass at night.

Section 445

A person is said to commit house-breaking if he enters the house or any part of it in any of the six ways described below; or if, while in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he leaves the house or any part of it in any of the six ways described below.

1. If he enters or exits through a passage by himself or by any abettor of the house-trespass, the house-trespass is committed.
2. If he enters or exits through any passage not meant for human entry by anyone other than himself or a co-conspirator in the crime, or through any passage to which he has gained access by scaling or climbing over any wall or building.
3. If he enters or exits through any route that he or any accomplice to the house-trespass has opened in order to commit the house-trespass by any method that the occupier of the home did not intend for that passage to be opened.
4. If he enters or exits by opening any lock in order to commit a home-trespass, or to exit the residence after committing a house-trespass,
5. If he enters or exits by using criminal force, committing an attack, or threatening another person with assault.
6. If he enters or exits through any passage that he knows was fastened against such entrance or departure and was unfastened by himself or an accomplice in the house-trespass.

Section 446

Section 446 of IPC deals with house breaking at night. It says whomever commits house breaking after sunset and before sunrise, that person or individual has said to commit house breaking at night.

Section 447

Punishment for criminal trespass has been discussed under section 447 of IPC. Whoever commits a criminal trespass he or she shall be punished with imprisonment which may extend to 3 months, with fine which may extend to 500 rupees, or both.

Section 448

Punishment for house trespass has been discussed under section 448 of IPC. Whoever commits an offence of house trespass he or she shall be punished with imprisonment which may extend to 1 year, with fine which may extend to 1000 rupees, or both.

Section 449

Trespassing into someone’s home with the purpose to commit a crime that is punishable by death. The section provides for life imprisonment or a sentence of harsh imprisonment of not more than ten years, as well as a fine.

Section 450

Trespassing into a house with the intent to commit an offence punishable by imprisonment. The section provides for a maximum sentence of ten years in jail, as well as a fine.

Section 451

Trespassing into someone’s home with the intent to commit a crime is punishable by imprisonment. The clause provides for a maximum sentence of two years in jail, as well as a fine, and a maximum sentence of seven years in prison if the intended offence is theft.

As a result, in situations of criminal trespass and house trespass, it is critical for a good criminal defence lawyer to evaluate the prosecution’s complaint and evidences to see if they match the ingredients required by the Indian Penal Code to form the offence.

Section 452

Whoever commits house-trespass with the intent of causing harm to another person or assaulting another person, or wrongfully restraining another person, or putting another person in fear of harm, assault, or wrongful restraint, shall be punished by imprisonment of either a term which may extend up to seven years, as well as a fine.

To establish an offence under Section 452 of the IPC, it must be proven that the accused committed house trespass and that the same was committed after making preparations for injuring, assaulting, or wrongfully restraining someone, or for putting someone in fear of injuring, assaulting, or wrongful restraint. Section 452 would not be attracted if one of the two prerequisites were not met.

Section 453

Punishment for trespassing or breaking into someone’s home. Whoever commits a lurking house-trespass or a house-breaking shall be punished by imprisonment of term which may extend up to two years, as well as a monetary fine.

Section 454

Whoever commits lurking house-trespass or house-breaking in order to commit any offence punishable by imprisonment shall be punished by imprisonment of either description for a term up to three years, as well as a fine; and if the offence intended to be committed is theft, the term of imprisonment may be extended to ten years.

Section 455

After preparation for hurt, assault, or unjust restraint, lurking house-trespass or house-breaking.,  Whoever commits lurking house-trespass or house-breaking with the intent of injuring, assaulting, or wrongfully restraining any person, or putting any person in fear of injuring, assaulting, or wrongful restraint, shall be punished with imprisonment of either description for a term that may extend to ten years, and shall also be liable to fine.

Section 456

Punishment for lurking house-trespass at night or house-breaking at night,  Whoever performs a house-trespass at night or a house-breaking at night shall be punished by imprisonment of either kind for a duration up to three years, as well as a fine.

Section 457 

Lurking House-trespass or house-breaking at night in order to commit a crime punishable by imprisonment. Whoever commits a lurking house-trespass or a house-breaking at night in order to commit any offence punishable by imprisonment shall be punished by imprisonment of either description for a term up to five years, as well as a fine; and, if the offence intended to be committed is theft, the term of imprisonment may be extended to fourteen years.

Section 458

After preparing for harm, assault, or unjust restraint, lurking house-trespass or house-breaking at night. Whoever commits a lurking house-trespass or a house-breaking at night with the intent of causing harm to another person, assaulting another person, wrongfully restraining another person, or putting another person in fear of harm, assault, or wrongful restraint, shall be punished with imprisonment of either description for a term that may extend to fourteen years, and shall be punished with a term of imprisonment of either description for a term that may extend to fourteen years, and shall be punished with fine as well.

Section 459

Grievous hurt caused when performing a lurking house trespass or breaking into a residence. Whoever causes serious or grievous hurt to any person or attempts to cause death or grievous harm to any person while conducting lurking house-trespass or house-breaking shall be punished with life imprisonment, or imprisonment of either sort for a term up to 10 years, as well as a fine.

Section 460

Constructive liability is incorporated into Section 460. Persons jointly involved in committing lurking house trespass or house breaking by night, in the course of which death or grievous hurt is caused, are subject to constructive liability under Section 460 IPC. The section applies to people who genuinely committed house trespassing at night, and the act of causing death or grievous bodily harm by one of the intruders makes others who were not involved equally accountable.

Section 461

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

Section 462

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