What is Section 444 IPC? Lurking House-Trespass by Night

Published on: Lawiz Team

Learn about Section 444 IPC: Meaning, scope, punishment, examples.

Official Legal Text

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night".

What This IPC Section Means – Explained in Simple Words

Section 444 defines lurking house-trespass by night as lurking house-trespass committed during the nighttime.

Purpose

To provide even stricter punishment for individuals who trespass stealthily at night, which increases the risk and fear to residents.

Bailable or Not Bailable & Punishment

Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Lurking House-Trespass by Night').

Key Elements

1. The entry must be unauthorized. 2. It must be into a house or place of residence. 3. It must be done stealthily at night.

Illustrative Example

If a person hides in another's house at night with the intent to steal, it is lurking house-trespass by night under Section 444.

Legal Defenses

If the accused can prove that they were in the house with the owner's consent, they may be acquitted.

Related Sections

Related to Section 443 (Lurking house-trespass) and Section 445 (House-breaking).

Important Note

This section specifically targets trespass committed during nighttime.

FAQs

What does Section 444 IPC define?

Lurking house-trespass by night.

How is 'Lurking house-trespass by night' interpreted in law?

It is interpreted based on the Indian Penal Code and relevant case law.

Where is Section 444 IPC applicable?

Its application depends on the legal context and the nature of the offence involved.

Can you give a practical example for Section 444?

Examples include real-life cases involving lurking house-trespass by night.

Is Section 444 used along with other IPC sections?

Yes, it is often cited alongside related criminal provisions.

How do courts interpret Section 444 IPC?

Courts interpret it using past judgments and statutory interpretations.

Why is Section 444 significant?

It holds importance in the framework of criminal law.