BACK TO SECTIONSAIR 1965 Raj 154
BailableCognizable: YesAny Magistrate
THE STATUTE
Original Text
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.
Simplified
House-trespass (Section 442) is criminal trespass specifically into a building, tent, vessel, or any structure used as a human dwelling, for the custody of property, or for religious worship. The higher punishment (1 year versus 1 month for basic criminal trespass) reflects the special sanctity of the home and places of worship. Aggravated forms carry progressively higher punishments: house-trespass after preparation for hurt (Section 452 — 7 years), lurking house-trespass by night (Section 456 — 3 years), and armed nighttime housebreaking (Section 460 — up to life).
Legal Evolution
Section 448 prescribes punishment for house-trespass — criminal trespass into a human dwelling, place of worship, or vessel used as a human dwelling. The enhanced one-year maximum reflects the particular gravity of violating the sanctity of the home, a principle deeply rooted in both English common law (the 'castle doctrine') and Indian legal traditions. Courts have required proof that the trespass was into a dwelling in active use, not merely into a building.
Landmark Precedents
Bihari Lal v. State of Rajasthan (1965)
RELEVANCE
House-trespass under Section 448 requires entry into a building used as a human dwelling — purely commercial premises fall under Section 447, not Section 448.
Practical Scenarios
"Entering a person's living room without permission to demand money — Section 448."
"Entering a school building at night with intent to intimidate the staff — Section 448."
Common Queries
Yes — because it involves intrusion into a person's home or a building used for the custody of property or religious worship, carrying a 1-year maximum versus 1 month for basic criminal trespass.