What is Section 443 IPC? Lurking House-Trespass
Published on: Lawiz Team
Learn about Section 443 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel, is said to commit "lurking house-trespass".
What This IPC Section Means – Explained in Simple Words
Section 443 defines lurking house-trespass as house-trespass committed in such a way that the offender tries to conceal their presence.
Purpose
To provide stricter punishment for individuals who enter another's house stealthily, making the act more threatening.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Lurking House-Trespass').
Key Elements
1. The entry must be unauthorized. 2. It must be into a house or place of residence. 3. The offender must conceal their presence to avoid detection.
Illustrative Example
If a person sneaks into another's house at night to steal something without being noticed, it is lurking house-trespass under Section 443.
Legal Defenses
If the accused can prove that they had the owner's permission or that they were not hiding their presence, they may be acquitted.
Related Sections
Related to Section 442 (House-trespass) and Section 444 (Lurking house-trespass by night).
Important Note
Lurking house-trespass is considered more serious due to the stealth involved.
FAQs
What does Section 443 IPC define?
Lurking house-trespass.
How is 'Lurking house-trespass' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 443 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 443?
Examples include real-life cases involving lurking house-trespass.
Is Section 443 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 443 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 443 significant?
It holds importance in the framework of criminal law.