What is Section 452 IPC? House-Trespass After Preparation for Hurt, Assault or Wrongful Restraint
Published on: Lawiz Team
Learn about Section 452 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits house-trespass having made preparation for causing hurt to any person or for assaulting any person or for wrongfully restraining any person, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 452 punishes anyone who commits house-trespass after making preparations to cause hurt, assault, or wrongful restraint.
Purpose
To provide stricter punishment for house-trespass committed with the intent to cause harm or restraint.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The entry must be unauthorized. 2. It must be a house-trespass. 3. The offender must have made preparations to cause hurt, assault, or wrongful restraint.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If a person enters another's house carrying a weapon, intending to assault the owner, they are punishable under Section 452.
Legal Defenses
If the accused can prove that they did not prepare to cause any harm, they may be acquitted.
Related Sections
Related to Section 451 (House-trespass with intent to commit offence) and Section 453 (Punishment for lurking house-trespass).
Important Note
This section applies when there is preparation to cause harm or restraint.
FAQs
What does Section 452 IPC define?
House-trespass after preparation for hurt, assault or wrongful restraint.
How is 'House-trespass after preparation for hurt, assault or wrongful restraint' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 452 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 452?
Examples include real-life cases involving house-trespass after preparation for hurt, assault or wrongful restraint.
Is Section 452 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 452 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 452 significant?
It holds importance in the framework of criminal law.