IPC Section 458
IPC Section 458 – House-trespass in order to commit an offence punishable with imprisonment
This section deals with house-trespass with intent to commit a crime.
Text in simple terms:
Whoever breaks into or enters a house or any building used as a dwelling with the intention to commit an offence punishable with imprisonment, is guilty under this section.
Key Elements of the Offence:
House-trespass:
The offender must enter someone’s house or dwelling without permission.
Includes breaking in, climbing through windows, doors, or other means.
Intent to commit an offence:
The trespass is not casual.
The person must intend to commit an offence punishable with imprisonment (for example: theft, assault, or mischief).
Knowledge or reason to believe:
The offender knows he is entering someone else’s dwelling unlawfully.
Punishment:
Imprisonment up to 1 year, or
Fine, or
Both.
Examples:
Example 1:
A enters B’s house at night intending to steal a laptop.
Even if A doesn’t steal anything, it’s house-trespass with intent under Section 458.
Example 2:
A climbs into C’s house intending to assault someone.
This also falls under Section 458 because the entry was to commit an offence punishable with imprisonment.
Important Notes:
Section 458 is different from Section 447 IPC (simple criminal trespass):
447 IPC: Trespass without permission, no need for intent to commit an offence.
458 IPC: Trespass specifically with intent to commit an offence.
✅ In summary:
Section 458 IPC punishes anyone who enters a house or dwelling without permission, intending to commit a crime.
Punishment: up to 1 year imprisonment, fine, or both.
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