BACK TO SECTIONS
IPC 1860REPEALED

Section 442-460

Trespass: House-Trespass; Lurking House-Trespass; Lurking House-Trespass by Night; House-Breaking; House-Breaking by Night; Trespass with Preparation; Lurking House-Trespass — Offences; Armed Lurking House-Trespass; Lurking House-Trespass by Five or More; Grievous Hurt During House-Trespass

Replaced by: BNS BNS 329-343

Non-Bailable (serious forms)Cognizable: Yes (most)Any Magistrate / Court of Session
THE STATUTE

Original Text

Section 443: Whoever commits house-trespass by entering, 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, in a manner not described in section 442, commits 'lurking house-trespass'. Section 445: 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 following ways: 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 offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building. Section 457: 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.

Simplified

Sections 442–460 create an elaborate graduated framework for trespass that escalates based on method of entry, time of commission, weaponry, and group size. The escalation: basic trespass (1 month) → house-trespass (1 year) → house-trespass with violent preparation (7 years) → lurking house-trespass (3 years) → house-breaking (2 years) → house-breaking by night (3 years) → lurking house-trespass by night with intent to commit imprisonable offence (5 years) → armed lurking house-trespass by night (10 years) → house-breaking by night causing hurt (life). Section 445's definition of 'house-breaking' covers: self-made passages, passages not intended for entry, scaling/climbing, use of a key not given by the occupant, opening a fastening the occupant has secured, or using actual force. Section 460 (all members of group committing lurking house-trespass by night, where any member commits an offence punishable with death — life imprisonment) creates collective liability similar to Section 396 for dacoity.

Legal Evolution

Sections 442-460 address house-trespass and lurking house-trespass across a range of circumstances, including trespass in preparation for assault, trespass by night, and trespass for commission of specific offences. The elaborate scheme reflects the colonial government's concern with protecting homes as sanctuaries and preventing break-ins, which were prevalent in both urban and rural colonial India. Courts have required careful factual analysis to determine which specific trespass provision applies in a given case.

Landmark Precedents

Pushpendra Singh Chandrawat v. State of MP (2014)

(2014) 14 SCC 258
RELEVANCE

House-breaking requires proof of the specific method of entry listed in Section 445 — mere entry through an unsecured door without force is not house-breaking.

Practical Scenarios

"Climbing over a compound wall to enter a house at night with intent to steal — house-breaking by night (Section 446, 3 years)."
"A gang that breaks into a house at night and commits rape — each member faces life imprisonment under Section 460 (collective liability)."

Common Queries

House-trespass is entering a dwelling with criminal intent through any means. House-breaking specifically requires entry through: a self-made passage, an unintended passage, scaling/climbing, using a key not provided by the occupant, or actual force.