House Trespass and Lurking House Trespass

Introduction

Trespassing into the property where a man resides and stores his belonging is an aggravated form of criminal trespassing. It is intended to be a crime in order to protect people's right to peaceful enjoyment of their private property.

House Trespass

• Section 442 of the Indian Penal Code, 1860 (IPC) defines house trespass.
• It states that 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.
• The introduction of any part of the criminal trespasser's body is sufficient to constitute a house trespass.

Essential Ingredients of House Trespass

• The accused committed criminal trespass that he trespassed by unlawfully entering into or by remaining on the property unlawfully after initial lawful entry.
• That such trespass was in respect of a building, tent or vessel.
• That such a building, tent or vessel was used as a human dwelling or as a place of worship or as a place for storing property.

Punishment for House Trespass

• Section 448 of the IPC deals with the punishment for house trespass.
• It states that 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.

Aggravated Form of House Trespass

• Sections 449 to 452 of IPC deal with the following different aggravated forms of house-trespass, which are based on the intent of the person committing house-trespass.
• House Trespass in Order to Commit Offence Punishable with Death:
  • Section 449 of IPC states that 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.
• House Trespass in Order to Commit Offence Punishable with Imprisonment for Life:
  • Section 450 of IPC states that 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.
• House Trespass in Order to Commit Offence Punishable with Imprisonment:
  • Section 451 of IPC states that 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.
• House Trespass after Preparation for Hurt, Assault or Wrongful Restraint
  • Section 452 of IPC states that 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.

Lurking House Trespass

• If criminal trespass is committed in a surreptitious manner, it is treated as lurking house trespass.
• Section 443 of IPC defines lurking house trespass.
• This Section states that 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.
• A lurking trespass means that the accused took some active means to conceal his presence.

Punishment for Lurking House Trespass

• Section 453 of IPC deals with the punishment for the lurking house trespass.
• It states that 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.

Aggravated Forms of Lurking House-trespass

• Sections 454, 455 and 459 of IPC deal with the aggravated forms of lurking house trespass.
• Lurking House-trespass in Order to Commit Offence Punishable with Imprisonment:
  • Section 454 of the IPC states that 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.
• Lurking House Trespass After Preparation for Hurt, Assault or Wrongful Restraint:
  • Section 455 of IPC states that 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.
  • To convict a person under this Section it is to be proven beyond reasonable doubt that the accused committed lurking house-trespass or house-breaking. He did so after making preparations for causing hurt, assaulting or wrongfully restraining a person.
• Grievous Hurt caused Whilst Committing Lurking House-trespass or Housebreaking:
  • Section 459 of the IPC states that 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.