What is Section 449 IPC? House-Trespass in Order to Commit Offence Punishable with Death
Published on: Lawiz Team
Learn about Section 449 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits house-trespass in order to commit any offence punishable with death shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 449 punishes anyone who commits house-trespass with the intention of committing an offence that is punishable with death.
Purpose
To ensure strict punishment for individuals who enter another's house intending to commit a grave crime punishable with death.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or rigorous imprisonment up to 10 years, and fine.
Punishment Details
Imprisonment for life, or rigorous imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a person breaks into another's house at night intending to commit murder, they are punishable under Section 449.
Legal Defenses
If the accused can prove that they did not intend to commit any offence punishable with death, they may be acquitted.
Related Sections
Related to Section 448 (Punishment for house-trespass) and Section 450 (House-trespass to commit offence punishable with life imprisonment).
Important Note
This section applies only when the intent is to commit an offence punishable with death.
FAQs
What does Section 449 IPC define?
House-trespass in order to commit offence punishable with death.
How is 'House-trespass in order to commit offence punishable with death' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 449 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 449?
Examples include real-life cases involving house-trespass in order to commit offence punishable with death.
Is Section 449 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 449 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 449 significant?
It holds importance in the framework of criminal law.