What is Section 461 IPC? Dishonestly Breaking Open Receptacle Containing Property
Published on: Lawiz Team
Learn about Section 461 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever dishonestly or with intent to commit mischief breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 461 punishes anyone who dishonestly breaks open any locked receptacle containing property with the intention of taking away the property.
Purpose
To protect individuals' property from being stolen by breaking open locked containers, boxes, or safes.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 5 years, and fine.
Key Elements
1. The receptacle must be locked or secured. 2. The act of breaking it open must be dishonest. 3. The intent must be to take away the property inside.
Punishment Details
Imprisonment of either description for a term which may extend to two years, and a fine.
Illustrative Example
If a person breaks open a locked cupboard to steal jewelry, they are punishable under Section 461.
Legal Defenses
If the accused can prove that they had permission to open the receptacle, they may be acquitted.
Related Sections
Related to Section 462 (Dishonestly breaking open by entrusted person) and Section 379 (Theft).
Important Note
The key factor is that the act must be dishonest with intent to take property.
FAQs
What does Section 461 IPC define?
Dishonestly breaking open receptacle containing property.
How is 'Dishonestly breaking open receptacle containing property' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 461 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 461?
Examples include real-life cases involving dishonestly breaking open receptacle containing property.
Is Section 461 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 461 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 461 significant?
It holds importance in the framework of criminal law.