Whoever commits criminal trespass by entering into 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, is said to commit “house-trespass”.
Explanations
- The introduction of any part of the criminal trespasser’ body is entering sufficient to constitute house-trespass.
IPC Section 442: Simplified Explanation
IPC Section 442 defines the offence of house trespass. According to this section, house trespass occurs when a person commits criminal trespass (as defined in IPC Section 441) by entering into or remaining in any building, tent, or vessel used as a human dwelling or as a place for the custody of property. The key elements of this offence are the unlawful entry or remaining in a structure used for habitation or property storage, intending to commit an offence, intimidate, insult, or annoy the person in possession of such premises.
Is IPC Section 442 bailable?
IPC Section 442 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.
IPC Section 442 Punishment
The punishment for house trespass is provided under IPC Section 448, which states that whoever commits house-trespass shall be punished with 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 442
A real-life example of IPC Section 442 involved an individual who, in anger, entered his ex-partner’s home without permission while she was away. He intended to retrieve some personal belongings but also caused damage to the property and left threatening notes. The ex-partner discovered the intrusion and reported it to the police. The individual was arrested and charged under IPC Section 442 for house trespass. In court, he was found guilty, sentenced to six months in prison, and fined, underscoring the serious legal consequences of unlawfully entering someone’s dwelling with malicious intent.
