What is Section 446 IPC? House-Breaking by Night

Published on: Lawiz Team

Learn about Section 446 IPC: Meaning, scope, punishment, examples.

Official Legal Text

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

Section 446 defines house-breaking by night as house-breaking committed during nighttime, making it a more serious offence.

To provide stricter punishment for individuals who commit house-breaking at night, increasing fear and risk to residents.

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

1. The entry must be unauthorized. 2. It must be done by breaking, forcing, or using any unauthorized means. 3. The act must occur during nighttime.

If a person breaks a window to enter another's house at night for theft, it is house-breaking by night under Section 446.

If the accused can prove that they had the owner's permission or that the entry was accidental, they may be acquitted.

Related to Section 445 (House-breaking) and Section 447 (Punishment for criminal trespass).

House-breaking by night is considered more serious due to the time of occurrence.

What does Section 446 IPC define?

House-breaking by night.

How is 'House-breaking by night' interpreted in law?

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

Where is Section 446 IPC applicable?

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

Can you give a practical example for Section 446?

Examples include real-life cases involving house-breaking by night.

Is Section 446 used along with other IPC sections?

Yes, it is often cited alongside related criminal provisions.

How do courts interpret Section 446 IPC?

Courts interpret it using past judgments and statutory interpretations.

Why is Section 446 significant?

It holds importance in the framework of criminal law.