Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house-trespass by night”.
IPC Section 444: Simplified Explanation
IPC Section 444 defines the offence of lurking house trespass by night. This occurs when a person commits lurking house-trespass (as defined in IPC Section 443) during the nighttime. The key elements are the entry or remaining in a building, tent, or vessel used as a human dwelling or for the custody of property, intending to conceal their presence from someone who has the right to exclude or eject them, and the act taking place at night. The element of nighttime increases the severity due to the added potential for danger and vulnerability of the victims.
Is IPC Section 444 bailable?
IPC Section 444 is bailable. Although the offence involves a higher degree of deceit and potential danger due to the intent to remain undetected at night, it allows for the possibility of bail under judicial discretion, considering the circumstances and nature of the offence.
IPC Section 444 Punishment
The punishment for lurking house trespass by night is provided under IPC Section 456, which involves the imprisonment of either description for a term that may extend to three years and also includes a liability to a fine. The severity of the penalty reflects the increased threat and potential harm associated with trespassing at night.
Example of IPC Section 444
A real-life example of IPC Section 444 involved a man who entered a house at night to steal. He hid in the basement to avoid detection when the residents returned home earlier than expected. The residents heard suspicious noises and called the police, who found the man hiding and arrested him. The man was charged under IPC Section 444 for lurking house trespass by night. In court, he was found guilty and sentenced to two years in prison and fined, demonstrating the legal consequences of committing such offences with the added element of night time, which poses a greater threat to the safety and security of individuals.
