Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC Section 461: Simplified Explanation
IPC Section 461 of the Indian Penal Code deals with the offence of dishonestly breaking open a receptacle containing property. This section addresses situations where an individual unlawfully breaks open a container or receptacle to dishonestly appropriate its property.
Is IPC Section 461 bailable?
Yes, IPC Section 461 is a bailable offence. This means the accused has the right to be released on bail, subject to certain conditions and at the court’s discretion.
IPC Section 461 Punishment
The punishment for committing an offence under IPC Section 461 includes imprisonment of either description (rigorous or simple) for a term which may extend to three years, or with a fine, or with both. The severity of the punishment reflects the seriousness of the offence, considering the act of unlawfully breaking open a receptacle to dishonestly appropriate property.
Example of IPC Section 461
In a real-life scenario, suppose an individual named Rahul comes across a locked safe in an abandoned house. To steal valuable items, Rahul forcibly opens the safe and takes the cash and jewellery stored within it. In this case, Rahul could be charged under Section 461 for dishonestly breaking open a receptacle containing property. He may face imprisonment for up to three years, a fine, or both if convicted.
This example illustrates how Section 461 addresses and punishes individuals who unlawfully break open receptacles to dishonestly appropriate the property contained within them, safeguarding against theft and ensuring the protection of property rights.