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.
IPC Section 448: Simplified Explanation
IPC Section 448 prescribes the punishment for the offence of house trespass, as defined in IPC Section 442. House trespass occurs when an individual commits criminal trespass by entering or remaining in any building, tent, or vessel used as a human dwelling or as a place for the custody of property. The intent behind the entry must be to commit an offence or to intimidate, insult, or annoy the person in possession of such premises.
Is IPC Section 448 bailable?
IPC Section 448 is bailable. Given that the offence involves trespassing into a dwelling or property storage space, it allows for the possibility of bail under judicial discretion, considering the non-violent nature of the crime unless aggravated by other circumstances.
IPC Section 448 Punishment
The punishment under IPC Section 448 involves imprisonment of either description for a term which may extend to one year, or with a fine which may extend to one thousand rupees, or with both. The severity of the punishment reflects the invasion of personal space and privacy involved in house trespass.
Example of IPC Section 448
A real-life example of IPC Section 448 involved an individual who, during a heated argument with his estranged spouse, forcibly entered her apartment without permission. He intended to intimidate her and retrieve some personal items, but his entry caused her significant distress. She reported the incident to the police, and he was arrested and charged under IPC Section 448 for house trespass. In court, he was found guilty, sentenced to six months in prison, and fined, highlighting the legal consequences of unlawfully entering someone’s dwelling intending to intimidate or annoy.
