Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
IPC Section 462: Simplified Explanation
Section 462 of the Indian Penal Code deals with the punishment for lurking house-trespass or house-breaking by night after making preparations for causing hurt, assault, or wrongful restraint. This section focuses on situations where individuals prepare to commit trespass or house-breaking to cause physical harm or restraint.
Is IPC Section 462 bailable?
No, IPC Section 462 is not a bailable offence. Given the seriousness of the offence, which involves preparing to cause hurt, assault, or wrongful restraint before committing lurking house-trespass or housebreaking, bail may be granted only under exceptional circumstances and at the court’s discretion.
IPC Section 462 Punishment
The punishment for committing an offence under IPC Section 462 includes imprisonment of either description (rigorous or simple) for a term that may extend to fourteen years and a fine. The severity of the punishment reflects the gravity of the offence, considering both the preparation for causing physical harm or restraint and the actual commission of trespass or house-breaking.
Example of IPC Section 462
Suppose a group of individuals will break into a warehouse at night to steal valuable goods. Before executing their plan, they gather weapons and discuss ways to intimidate and harm anyone who tries to stop them. With their preparations in place, they break into the warehouse to cause harm and restrain anyone who interferes. If caught, these individuals could be charged under Section 462 for lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint. They may face imprisonment for up to fourteen years and a fine if convicted.
This example illustrates how Section 462 addresses and punishes individuals who prepare to cause hurt, assault, or wrongful restraint before committing trespass or house-breaking, ensuring the safety and security of individuals and their properties.
