What is Section 442 IPC? House-Trespass
Published on: Lawiz Team
Learn about Section 442 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits criminal trespass by entering into or remaining in any building, tent, or vessel used as a human dwelling or place of worship or for the custody of property, is said to commit "house-trespass".
What This IPC Section Means – Explained in Simple Words
Section 442 defines house-trespass as criminal trespass where the unlawful entry is into a building, tent, or vessel used for human dwelling or custody of property.
Purpose
To provide stricter punishment for trespass that violates the sanctity of a person's home or place of residence.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'House-Trespass').
Key Elements
1. The entry must be unauthorized. 2. The property must be a building, tent, or vessel used for human dwelling or storing property. 3. The intent must be to commit an offence, or to intimidate, insult, or annoy.
Illustrative Example
If a person breaks into another's house without permission to steal something, it is house-trespass under Section 442.
Legal Defenses
If the accused can prove that they had the owner's permission or that the entry was lawful, they may be acquitted.
Related Sections
Related to Section 441 (Criminal trespass) and Section 443 (Lurking house-trespass).
Important Note
House-trespass is a more serious form of criminal trespass involving entry into a dwelling place.
FAQs
What does Section 442 IPC define?
House-trespass.
How is 'House-trespass' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 442 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 442?
Examples include real-life cases involving house-trespass.
Is Section 442 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 442 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 442 significant?
It holds importance in the framework of criminal law.