CrPC Section 448
CrPC Section 448 – Power to Arrest without Warrant for House-Trespass
🔹 What does Section 448 say?
Section 448 authorizes a police officer or any person to arrest without a warrant anyone found trespassing in a building or in the precincts of a building with the intent to commit an offence or to forcibly enter it.
🔹 Textual Summary
When a person is found committing house-trespass or house-breaking, any police officer or any person can arrest that person without a warrant.
The arrest is made to prevent the commission of a crime or to stop the trespass.
The person arrested can then be handed over to the police or magistrate.
🔹 Key Terms
House-trespass: Entering into or remaining in a building or premises without the permission of the owner or lawful occupant.
Building or precincts of a building: Includes not just the building itself but also the surrounding area under the control of the owner.
Without warrant: The arrest can be made immediately on seeing the offence.
🔹 Purpose of Section 448
To prevent unlawful entry or trespass.
To empower police and citizens to act promptly in protecting private property.
To deter house-breaking and trespass-related crimes.
🔹 Illustration
Suppose a person is found unlawfully entering someone’s house at night with a suspected intention to steal or commit any offence. Under Section 448, any police officer or even a private citizen witnessing this can arrest the trespasser immediately without a warrant to prevent the commission of the crime.
🔹 Relation with Other Sections
Section 447 IPC: Defines house-trespass as a criminal offence.
Section 451 IPC: Deals with house-trespass after preparation for hurt, assault, or wrongful restraint.
Section 439 CrPC: Bail provisions may apply after arrest.
🔹 Important Points
The arrest is justified only when the person is found in the act of house-trespass or house-breaking.
It is a preventive measure to stop further crime.
This section empowers even private individuals to make an arrest without waiting for police or magistrate.
The arrested person must be immediately produced before the magistrate.
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