Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.
IPC Section 446: Simplified Explanation
IPC Section 446 defines the offence of house-breaking by night. This section specifies that house-breaking by night occurs when someone commits house-breaking, as defined in IPC Section 445, during the nighttime. Nighttime is typically considered a period between sunset and sunrise. The essence of this offence is the increased severity and potential danger involved when such acts are committed under the cover of darkness, which enhances the vulnerability of victims and the potential for serious harm or distress.
Is IPC Section 446 bailable?
IPC Section 446 is bailable. While house-breaking by night is a serious offence due to the increased potential for harm and danger, it still allows for the possibility of bail under judicial discretion, considering the circumstances and nature of the crime.
IPC Section 446 Punishment
The punishment for house-breaking by night is provided under IPC Section 456, which involves imprisonment of either description for a term extending to three years and includes a liability to a fine. The punishment reflects the higher culpability and potential harm of committing such offences during nighttime.
Example of IPC Section 446
A real-life example of IPC Section 446 involved a person who broke into a house while the occupants were asleep at night. The individual entered by breaking a window and stealing valuables from the living room. The noise woke the homeowners, who called the police. The intruder was caught while attempting to flee. He was arrested and charged under IPC Section 446 for house-breaking by night. In court, he was found guilty and sentenced to two years in prison and fined, underscoring the seriousness of committing house-breaking offences during night time when the potential for harm and fear is greater.
