IPC Section 442
Section 442 IPC – House-trespass in order to commit an offence
Essence of the Section
Section 442 deals with house-trespass with intent to commit an offence, or committing an offence in the house. It punishes anyone who enters someone else’s property unlawfully with criminal intent.
Key Ingredients
House-trespass
House-trespass is when a person enters a house or enclosed property without permission.
The property must be lawfully possessed by someone else.
Intent to Commit an Offence
The entry into the house must be with intent to commit an offence, such as:
Theft
Assault
Criminal intimidation
Any other offence
Commitment of an Offence
Even if the person enters without permission and commits an offence, Section 442 applies.
Knowledge
The person must know that the property belongs to someone else and that they are entering unlawfully.
Punishment
Imprisonment: Up to 1 year, or
Fine, or
Both
Note: If the offence committed inside is graver (like theft, robbery, or murder), the punishment for that offence may be higher under other relevant sections.
Examples
A man enters a house without permission intending to steal valuables.
A person enters a neighbor’s house to threaten or assault someone.
Someone enters a house unlawfully and damages property.
Purpose of Section 442
To protect the sanctity of private property and homes.
To prevent unauthorized entry with criminal intent.
To distinguish between simple trespass (minor intrusion) and house-trespass with intent to commit an offence (more serious crime).
✅ In summary:
Section 442 IPC punishes anyone who unlawfully enters a house with the intent to commit an offence, or commits an offence inside. Punishment can be up to 1 year imprisonment, fine,
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