Sections 441 to 462

THE INDIAN PENAL CODE, 1860


CONTENTS


CHAPTER XVII


OF OFFENCES AGAINST PROPERTY

10

OF CRIMINAL TRESPASS


441. Criminal trespass


442. House trespass


443. Lurking house-trespass


444. Lurking house-trespass by night


445. House breaking


446. House-breaking by night


447. Punishment for criminal trespass


448. Punishment for house-trespass


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


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


451. House-trespass in order to commit offence punishable with imprisonment


452. House-trespass after preparation for hurt, assault or wrongful restraint


453. Punishment for lurking house-trespass or house-breaking


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


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


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


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


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


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


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


461. Dishonestly breaking open receptacle containing property


462. Punishment for same offence when committed by person entrusted with custody


CHAPTER XVII


OF OFFENCES AGAINST PROPERTY

10

OF CRIMINAL TRESPASS

441. Criminal trespass: --


Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

Or having lawfully entered into or
upon such property, unlawfully remains there with intent thereby to intimidate,
insult or annoy any such person, or with intent to commit an offence,


Is said to commit "criminal trespass".


STATE AMENDMENT


State of Uttar Pradesh:


For section 441, substitute the following: --


"441. Criminal Trespass:--
Whoever enters into or upon property in possession of another with intern to
commit an offence or to intimidate, insult or annoy and person in possession of
such property, or having lawfully entered into or upon such property,
unlawfully remains therewith intent thereby intimidate, insult or annoy any
such person, or with intent to commit an offence.


Or, having entered into or upon
such property, whether before or after the coming into force of the Criminal
Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized
possession or making unauthorized use of such property fails to withdraw from
such property or its possession or use, when calls upon to do so by that
another person by notice in writing, duly served upon him, by the date
specified in the notice,


Is said to commit "criminal
trespass".


[Vide U.P. Act No. 31 of 1961,
section 2].


442. House trespass: --

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.


443. Lurking house-trespass: --

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".


444. Lurking house-trespass by night: --

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night".


445. Housing breaking: --

A person is said to commit "house-breaking" who commits house-trespass if he effects 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 offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say: --


First—If
he enters or quits through a passage 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 offence, 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 effects 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 house-breaking.


(b) A commits house-trespass by creeping into
a ship at a port-hole 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 lifted 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.


446. House-breaking
by night
: -- Whoever commits house-breaking after sunset and before
sunrise, is said to commit "house-breaking by night".


447. Punishment
for criminal trespass
: -- Whoever commits criminal trespass shall be
punished with imprisonment of either description for a term which may extend to
three months, with fine or which may extend to five hundred rupees, or with
both.


448. Punishment
for house-trespass
: -- Whoever commits house-trespass shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine or which may extend to one thousand rupees, or with
both.


449. House-trespass
in order to commit offence punishable with death
: -- Whoever commits
house-trespass in order to the committing of any offence punishable with death,
shall be punishable with 1[imprisonment
for life], or with rigorous imprisonment for a term not exceeding ten years,
and shall also be liable to fine.


1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f. 1-1-1956).


450. House-trespass
in order to commit offence punishable with imprisonment for life
: -
Whoever commits house-trespass in order to the committing of any offence
punishable with 1[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.


1. Subs. by Act
26 of 1955, sec. 117 and Sch., for " transportation for life" (w.e.f.
1-1-1956).


451. House-trespass in order to commit
offence punishable with imprisonment
: -- Whoever commits house-trespass 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 two 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 seven years.


452. House-trespass after 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.


453. 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.


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


STATE AMENDMENT


Tamil Nadu:


Section 454 of the principal
Act shall be renumbered as sub-section (1) of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely:--


"(2) Whoever commits lurking house-trespass or
house-breaking in any building used as a place of worship, in order to the
committing of the offence of theft of any idol or icon from such building,
shall notwithstanding anything contained in sub-section (1), be punished with
rigorous imprisonment which shall not be less than three years but which may
extend to ten years and with fine which shall not be less than five thousand
rupees;


Provided that the court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than three years.".


[Vide Tamil Nadu Act 28 of
1993, Sec. 4]


455. 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 for a term
which may extend to ten years, and shall also be liable to fine.


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


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



STATE AMENDMENT


State of Tamil Nadu:


Section 457 of the principal
Act shall be renumbered as sub-section (1), of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely: --


"(2) Whoever commits lurking house-trespass by
night or house-breaking by night in any building used as a place of worship, in
order to the committing of the offence of theft of any idol or icon form such
building, shall, notwithstanding anything contained in sub-section (1), be
punished with rigorous imprisonment which shall not be less than three years
but which may extend to fourteen years and with fine which shall not be less
than five thousand rupees:


Provided that the court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than three years."


[Vide Tamil Nadu Act 28 of
1993 Sec. 5].


458. 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.


459. 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 1[imprisonment
for life], or imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.


1.
Subs. by Act 26 of 1955, sec.117
and sch., for "transportation for life" (w.e.f. 1-1-1956).


460. All persons jointly
concerned in lurking house-trespass or house-breaking by night punishable where
death or grievous hurt caused by one of them
:-- If, at the time of the committing of
lurking house-trespass by night or house-breaking by night, any person 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 1[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.


1.
Subs. by Act 26 of 1955, sec.117 and
sch., for "transportation for life" (w.e.f. 1-1-1956).


461. 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 be 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.


462. Punishment for same
offence when committed by 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.


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