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July 27, 2017

Criminal Trespass, House Trespass & House Breaking in PPC

Criminal Trespass, House Trespass, House Breaking

Criminal Trespass – 441

  • Enter into the property into the possession of another
  • Intent to commit an offence
  • Intent to intimidate, insult or annoy the other
  • Lawfully entered but remained there unlawfully

House Trespass – 442

  • Criminal trespass as defined in 441
  • In a building, vessel or tent used as human dwelling
  • In a building, vessel or tent used as place of worship
  • In a building, vessel or tent used for custody of property

Lurking House-Trespass – 443

  • A House Trespass defined in 443
  • Precaution to conceal such house-trespass

House Breaking – 445

If the entrance is effected from any of the following 6 ways;

  • Enter or quits through a passage made by himself
  • Enter or quits through passage not intended for human entrance
  • Passage which trespasser has opened himself to commit house trespass
  • Enter or quits by opening any lock to commit house trespass
  • Enter or quits by using criminal force or assault
  • Opening passage which he knows the owner fastened against such entrance

Punishment of offences

  • Punishment for criminal trespass – 3 year or fine (1000) or both – 447
  • Punishment for House Breaking – 1 Year or fine (3000) or both – 448
  • House Trespass to commit offence punishable with death; punishment up to IOL or up to 10 year – 449
  • House Trespass in order to commit offence punishable with IOL; punishment up to 10 years – 450
  • House trespass in order to commit offence punishable with imprisonment; punishment 2 year and for theft up to 7 year – 451
  • House trespass after preparation for hurt, assault or wrongful restraint; punishment up to 7 year – 452
  • Lurking House trespass or house-breaking; punishment up to 2 year – 453
  • Lurking House trespass or house-breaking in order to commit offence punishable with imprisonment; punishment up to 3 year – 454
  • Lurking House trespass or House-breaking after preparation for hurt, assault or wrongful restraint; punishment up to 10 year – 455
  • Lurking house-trespass or house-breaking by night; punishment up to 3 year – 456
  • Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment; punishment 5 year, if theft up to 14 year – 457
  • Lurking house trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint; punishment up to 14 year – 458

 

 

 

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