IPC Section 452
Section 452 IPC – House-trespass after preparation for hurt, assault, or wrongful restraint
Text in essence:
Whoever commits house-trespass and has made preparations to cause hurt, assault, or wrongful restraint to any person in that house, shall be punished.
Punishment:
Imprisonment up to 3 years, or
Fine, or
Both.
Detailed Explanation
Who can commit this offence?
Any person who enters someone else’s house (without permission) with criminal intent.
Essential Ingredients of the offence:
House-trespass: The person must enter a house without the owner’s consent.
Preparation to commit crime: The trespasser must have made some preparation to:
Cause hurt (injury)
Commit assault
Exercise wrongful restraint (prevent someone from moving freely)
The offence is more serious than simple trespass because there is an intention to commit further harm.
Difference from Section 451 IPC (House-trespass in order to commit offence):
Section 451 deals with house-trespass in order to commit an offence.
Section 452 deals with house-trespass after making preparations to cause hurt, assault, or restraint.
Essentially, 452 is more aggravated because preparations have been made to harm someone inside.
Nature of the offence:
Cognizable: Police can register FIR and investigate.
Non-bailable or bailable depending on court discretion.
Punishment can extend up to 3 years, fine, or both.
Example
A person breaks into someone’s house carrying a weapon, planning to physically attack the occupant. Even if the attack does not happen yet, the preparation and trespass make him liable under Section 452 IPC.
Another example: Someone enters a house with the intention to tie up or restrain a person. That also falls under this section.
✅ In summary:
Section 452 IPC punishes a person who trespasses into a house after making preparations to hurt, assault, or wrongfully restrain someone inside. It is intended to protect people inside their homes from potential physical harm. Maximum punishment is 3 years imprisonment, fine, or both.
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