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 and 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.
IPC Section 452: Simplified Explanation
Section 452 of the Indian Penal Code addresses the act of house trespass committed after making preparations for causing hurt, assault, or wrongful restraint. This section addresses situations where the trespasser enters the property with a generic intent to commit any offence but with a specific plan to harm or restrain someone physically.
Is IPC Section 452 bailable?
No, IPC Section 452 is not a bailable offence. Due to its serious nature, which involves not just trespassing but also making preparations to cause physical harm or wrongful restraint, it is treated with stringent legal procedures and higher scrutiny for granting bail.
IPC Section 452 Punishment
Under IPC Section 452, the punishment for committing an offence includes imprisonment of either description (rigorous or simple) for a term that may extend to seven years and a fine. The severity of the punishment reflects the grave nature of the offence, considering both the trespass and the preparation for physical harm or restraint.
Example of IPC Section 452
Consider a scenario where an individual named Vijay, harbouring a grudge against his colleague Arjun, decides to enter Arjun’s house unlawfully to physically assault him. Vijay carries a weapon and waits for Arjun to come home. His act of entering Arjun’s house without permission, armed and prepared to cause harm, falls under the purview of Section 452. If caught, Vijay can be prosecuted under this section and may face imprisonment of up to seven years and a fine.
This example illustrates how Section 452 is applied to address and penalize individuals who not only trespass but do so with a clear intention and preparation to inflict physical harm or wrongful restraint on others.
