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IPC 1860REPEALED

Section 452

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

Replaced by: BNS 333

Non-BailableCognizable: YesAny Magistrate
THE STATUTE

Original Text

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.

Simplified

Section 452 is the most serious form of house-trespass — where the intruder entered a dwelling prepared for violence. It covers home invasions where the intruder carried weapons, rope (to restrain occupants), or other implements of intimidation. The preparation need not have been used — the act of entering the home while prepared for violence is sufficient. This provision bridges house-trespass and robbery, capturing planned, violence-contingency intrusions into homes.

Legal Evolution

Section 452 addresses house-trespass committed after preparation for causing hurt, assault, or wrongful restraint — a preparatory offence that acknowledges the escalation from mere unlawful entry to threatened violence. The seven-year maximum reflects the potential for serious harm when trespass is accompanied by preparation for violence. Courts have required proof of actual preparation (weapons, tools) rather than mere intent, distinguishing it from the basic house-trespass offence.

Landmark Precedents

Bishwanath Prasad v. State of UP (1997)

(1997) 9 SCC 596
RELEVANCE

Section 452 applies even if preparation for violence was not executed — carrying weapons during house-trespass constitutes the offence regardless of whether violence occurred.

Practical Scenarios

"Entering a house with a group specifically carrying lathis to assault the occupant — Section 452."
"Breaking into an ex-employee's home with a weapon to intimidate them — Section 452."

Common Queries

No — house-trespass with preparation for hurt is non-bailable, reflecting its serious threat to occupants.