House-trespass and house-breaking

What this section does

This section defines lurking house-trespass and house-breaking as aggravated forms of house-trespass. Lurking house-trespass involves taking precautions to conceal the trespass from a person entitled to exclude the trespasser. House-breaking is committed when entry into or exit from the house is effected by one of six specified means, including making a passage, scaling, opening a lock, using force, or passing through a fastened passage.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Ingredients (what prosecution must prove)

1. For lurking house-trespass: the accused committed house-trespass and took precautions to conceal it from a person having the right to exclude or eject the trespasser
2. For house-breaking: the accused committed house-trespass and effected entry or exit by one of the six specified means — (a) passage made by himself or abettor; (b) passage not intended for human entrance or obtained by scaling; (c) passage opened by himself or abettor not intended by the occupier to be opened; (d) opening a lock; (e) using criminal force, assault, or threat of assault; (f) passing through a passage known to be fastened and unfastened by himself or abettor

• IPC Section 448 — House-trespass