IPC Section 449
📖 Section 449 IPC – House-trespass in order to commit an offence punishable with imprisonment
This section deals with house-trespass with criminal intent, specifically when someone enters a property intending to commit a crime.
🔹 Text of Section 449 (Simplified)
Whoever trespasses into or upon a property (house), knowing that he has no right to enter, with the intention to commit an offence punishable with imprisonment, commits an offence under Section 449 IPC.
🔹 Key Ingredients of Section 449 IPC
Trespass
The person must enter or remain in a property without the owner’s permission.
“Property” here typically refers to a building, house, or enclosed premises.
Knowledge of lack of right
The trespasser must know that he has no legal right to enter the property.
Accidental entry or mistaken belief of permission does not count.
Intent to commit an offence
The entry must be with intent to commit a crime punishable with imprisonment.
Crimes like theft, assault, mischief, or criminal intimidation are included.
Punishable offences
The intended offence does not need to be completed.
Attempting or planning is sufficient.
🔹 Punishment
Imprisonment: Up to 1 year, or
Fine, or
Both.
Note: If the trespass is for committing a more serious crime (like theft), Section 457 IPC (house-trespass for theft) may apply with a higher punishment.
📌 Examples
A person enters a neighbor’s house at night intending to steal electronics.
Even if he is caught before stealing, he is guilty under Section 449 IPC.
Someone climbs into a house intending to assault a resident.
Trespass + intent to commit assault = Section 449 IPC.
Entering a house by mistake, thinking it is your own property, is not punishable.
🔹 Relation to Other Sections
| Section | Focus | Example |
|---|---|---|
| 449 | House-trespass with intent to commit offence | Entering to assault or commit mischief |
| 448 | House-trespass without criminal intent | Entering someone’s house to ask for help without permission |
| 457 | House-trespass in order to commit theft, etc., at night | Entering house at night to steal |
| 460 | Punishment for house-trespass at night | Similar to 457, heavier punishment |
✅ In short:
Section 449 IPC punishes anyone who trespasses into a house or property with the knowledge that entry is illegal and with intent to commit a crime punishable with imprisonment, even if the crime is not completed, with imprisonment up to 1 year, fine, or both.
RELATED Blog
0 comments